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Domino’s can’t block funder from viewing unredacted docs in class action
Class Actions 2019-11-05 1:58 pm By Miklos Bolza

The Federal Court has rejected an “unusual” confidentiality regime proposed by Domino’s Pizza Enterprises which would have resulted in restricted access to discovered documents for the funder backing the class action against the global fast food giant.

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ASIC wins admissions from NAB in $100M fees for no service case
ASIC 2019-11-04 1:30 pm By Cat Fredenburgh

A hearing scheduled for next year in the Australian Securities and Investments Commission’s case against two NAB wealth management units will focus solely on how steep a penalty the bank should face after it made admissions about its fees for no service conduct.

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Future personal injury claims may be barred in PFAS class actions, court warns
Australian Government Solicitor 2019-11-01 10:14 pm By Miklos Bolza

A Federal Court judge has expressed concerns about whether group members in three class actions against the Commonwealth over allegedly toxic firefighting foam will be blocked from pursuing personal injury claims related to the chemical.

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Funder to fight for Murray Goulburn class action commission, as milk supplier settles second case
Class Actions 2019-11-01 9:48 pm By Christine Caulfield

Murray Goulburn has agreed to pay $37.5 million to resolve the second of two shareholder class actions over its 2016 profit forecasts, as the $42 million settlement of the first class action is held up over questions about the litigation funder’s commission. 

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Expanded class definition tossed in Ethicon pelvic mesh class action
Class Actions 2019-11-01 9:42 pm By Miklos Bolza

A Federal Court judge has reversed a prior ruling expanding the class in a lawsuit against Johnson & Johnson unit Ethicon over allegedly defective pelvic mesh implants, saying he had “no confidence” new group members would have sufficient opportunity to opt out before judgment is delivered in a few weeks.

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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Class Actions 2019-11-01 3:30 pm By Cat Fredenburgh

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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Mazda gave buyers of defective vehicles the ‘run around’, ACCC says
Competition & Consumer Protection 2019-10-31 1:53 pm By Cat Fredenburgh

Japanese auto maker Mazda is facing regulatory action from the Australian Competition and Consumer Commission for allegedly refusing to provide purchasers of defective vehicles with a full refund or no-cost replacement, amid a continuing threat of a possible class action over alleged defects in certain vehicles.

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Court may scrap expanded class definition in Ethicon pelvic mesh case as judgment looms
Class Actions 2019-10-30 10:52 pm By Miklos Bolza

An impending judgment in the long-running class action against Johnson & Johnson unit Ethicon over allegedly defective pelvic mesh implants has sent the parties scrambling about opt out notices and the Federal Court considering reversing prior orders that expanded the group definition.

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New class action alleges ‘institutional racism’ by NT government
Class Actions 2019-10-30 9:09 pm By Christine Caulfield

The Northern Territory government has been hit with a class action alleging the Indigenous population of the remote NT community of Wadeye is subject to “institutional racism” by government authorities.

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Westpac lending class action gets makeover after ASIC loss
Financial Services 2019-10-30 4:07 pm By Christine Caulfield

A class action accusing Westpac of issuing unsuitable home loans is pushing forward with overhauled pleadings after the corporate watchdog lost a related regulatory action, and the class now says it was enough that the bank failed to account for borrowers’ so-called essential expenses.

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