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Judge to hear first application for group costs order in ANZ, Westpac class actions
Class Actions 2021-02-24 6:24 pm By Spencer Fowler Steen

The first ever application for a group costs order will be heard in class actions against ANZ and Westpac, and the judge weighing the application has urged the parties to think carefully about the evidence they will submit in support of their bid for a cut of any settlement or judgment.

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Baker McKenzie repped client for two and half years that did not exist, court told
Class Actions 2021-02-24 5:59 pm By Miklos Bolza

For two and a half years, law firm Baker McKenzie represented a client in class action litigation over allegedly defective pelvic mesh products that did not exist, a court has heard.

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$27M settlement rejected in pelvic mesh class action, group members may learn
Class Actions 2021-02-24 5:51 pm By Miklos Bolza

The rejection of a $27 million settlement offer in a class action over American Medical Systems’ pelvic mesh products may be included in a proposed opt out notice, with a judge mulling whether to inform group members about a little used law which allows one lead applicant to take over from another.

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Herbert Smith Freehills advice to Horizon Oil protected by privilege, judge rules
Defamation 2021-02-24 4:58 pm By Cindy Cameronne

Horizon Oil has won its bid to shield Herbert Smith Freehills documents advising the company did not breach foreign bribery laws from being revealed in a defamation lawsuit brought against Fairfax Media by a Papua New Guinea government Minister.

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a2 Milk trade mark disputes with Lion Dairy near settlement, court told
Intellectual Property 2021-02-23 5:09 pm By Spencer Fowler Steen

Two high stakes lawsuits brought by a2 Milk Company against rival dairy producers over the use of a2 as a trade mark are “very likely” to reach resolution next week, a court has heard.

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Freedom Foods, Deloitte hit with second class action over $590M writedown
Class Actions 2021-02-23 4:45 pm By Miklos Bolza

Food and beverage manufacturer Freedom Foods and accounting giant Deloitte have been hit with a second class action by irate investors seeking compensation for “accounting errors” that led to a $590 million write-down in November last year.

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Murray Goulburn insurer says it shouldn’t be on the hook for class action settlement
Insurance 2021-02-23 3:06 pm By Spencer Fowler Steen

Murray Goulburn insurer AIG Australia says it should not have to pay 20 per cent of a $42 million class action settlement reached by the dairy cooperative, arguing on Tuesday that the class action claims failed to satisfy the definition of a “securities claim” in its insurance policy.

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Viagogo seeks stay of $7M penalty, citing ‘catastrophic effect’ of COVID-19 pandemic
Appeals 2021-02-23 2:29 pm By Miklos Bolza

Ticket reseller Viagogo is seeking a stay of a $7 million penalty in litigation brought by the ACCC in light of the “catastrophic effect” of the COVID-19 pandemic, as the company appeals a court’s finding that it misled customers on an “industrial scale”.

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Priceline staring down class action by irate pharmacy franchisees
Franchises 2021-02-22 6:35 pm By Miklos Bolza

Pharmacy giant Priceline is the target of an “imminent” class action, with a group of dissatisfied franchisees accusing the company of exercising an “overly prescriptive” level of control over its franchises and fettering profitability.

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Group members in Guvera class action could be left empty-handed
Class Actions 2021-02-22 3:29 pm By Spencer Fowler Steen

Group members in a class action against Oculus Accounting may not receive a payout after the company’s insurers refused to indemnify it against claims alleging the accounting firm was negligent in prompting an investment in failed music streaming platform Guvera.

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