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Judge puts class action lawyers on notice to reduce costs with junior barristers
Class Actions 2021-04-28 3:02 pm By Miklos Bolza

A Federal Court judge has ordered that a referee consider how junior barristers were used in assessing the legal costs in an insurance class action against Westpac which the bank has agreed to pay up to $30 million to settle.

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Mediation success rates have ‘plummeted’ in COVID era, judge says
Financial Services 2021-04-28 2:14 pm By Miklos Bolza

A judge has urged parties in a class action against Westpac over superannuation fees to hold an in-person mediation, saying that success rates have “plummeted” during the COVID-19 pandemic as more settlement talks are held virtually.

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Morrison government hit with Stolen Generations class action over child removals
Class Actions 2021-04-28 11:40 am By Cat Fredenburgh

The federal government has been hit with a class action on behalf of up to 6,000 Indigenous Australians seeking compensation for their forcible removal from their families in the Northern Territory from 1910 to the 1970s.

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Westpac to pay up to $30M to settle insurance class action
Class Actions 2021-04-28 10:19 am By Cat Fredenburgh

Westpac has agreed to pay up to $30 million to settle a long-running class action over allegedly excessive insurance premiums which included a trip to the High Court that resulted in common fund orders being struck down in the early stages of class actions.

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Court can order class action opt out notices for limited number of group members, judge says
Class Actions 2021-04-27 9:21 pm By Miklos Bolza

A judge has found he has power to order that opt out notices be sent to a limited number of Boral shareholders eligible to join two class actions that faced off last month in a class action beauty parade.

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Junior doctors launch second class action in Victoria alleging unpaid overtime
Class Actions 2021-04-27 1:02 pm By Cat Fredenburgh

Monash Health and LaTrobe Regional Health Service have been hit with a class action on behalf of junior doctors in Victoria who allege they were denied pay for overtime hours worked over the past six years, the second underpayments class action filed by junior doctors in the state.

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Trustee of Mayfair’s IPO Wealth looks to dodge liability in $86M class action
Class Actions 2021-04-26 5:53 pm By Miklos Bolza

The trustee of Mayfair Group’s collapsed IPO Wealth Fund has denied claims in a class action that it misled investors who lost $86 million when the fund was wound up, and says it is fully indemnified for the class action’s claims under an agreement with the fund.

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Failure to lodge OT claims dooms NSW junior doctors’ class action, court told
Class Actions 2021-04-26 2:01 pm By Cindy Cameronne

NSW Health has hit back at a class action accusing it of failing to pay overtime hours to junior doctors, saying that because they did not submit an overtime claim they were taken to have worked the additional hours “of their own volition”.

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‘Absolutely not’: Judge won’t hold Ethicon-type trial in TFS pelvic mesh class action
Class Actions 2021-04-23 10:59 pm By Miklos Bolza

Hoping to avoid a lengthy trial like the 89-day hearing in the pelvic mesh class action against Johnson & Johnson’s Ethicon, a judge has suggested splitting up a class action hearing over TFS Manufacturing and IVS pelvic mesh products to focus on the question of the devices’ safety and efficacy first.

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Judge ‘bereft’ of power to vary $138M IAG settlement to allow late opt outs
Insurance 2021-04-23 5:07 pm By Miklos Bolza

A $138 million class action settlement with IAG over alleged junk insurance will go ahead after a judge found he was “bereft” of power to vary his prior approval judgment and include late opt out bids by group members that threatened to derail the agreement last month.

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