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Essure contraceptive ‘safe and efficacious’, Bayer tells class action trial
Class Actions 2023-04-12 9:20 pm By Cindy Cameronne Sydney

Bayer told a jury that clinical trials from the 1990’s to 2014 showed its Essure birth control device was “safe and efficacious”, as the pharmaceutical giant faces trial in a class action by patients who claim they suffered debilitating injuries from the device.

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High Court dashes Spain’s challenge to sovereign immunity claims in $394M dispute
Arbitration 2023-04-12 1:48 pm By Cindy Cameronne Sydney

Spain has lost its High Court appeal arguing it had sovereign immunity from an Australian court’s recognition of a $394 million arbitration award against the country for changes to its energy policies. 

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Carnival wins strike-out bid in class action over gastro outbreaks
Class Actions 2023-04-12 11:41 am By Cindy Cameronne Sydney

Carnival has won its bid to strike out a class action over norovirus outbreaks on its Sun Princess cruise ship. 

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Mecca’s distribution agreement with lux cosmetics brand not unlawful, court finds
Andrew Di Pasquale 2023-04-11 11:35 pm By Sam Matthews Melbourne

Beauty giant Mecca has succeeded in fending off a luxury cosmetics brand’s appeal of a decision that found a term of an exclusive distribution agreement between them was not an unlawful restraint of trade.

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Procter & Gamble’s ’30 Minute Miracle’ claims don’t wash, lawsuit says
Ashurst 2023-04-11 10:59 pm By Sam Matthews Melbourne

The maker of Finish dishwashing detergent has taken Procter & Gamble to court, arguing it misled consumers by claiming its Fairy 30 Minute Miracle dish detergent is more effective than the competition.

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Court’s backlog not reason enough to transfer Fair Work case, judge finds
Education 2023-04-11 10:31 pm By Cat Fredenburgh

A judge has rejected a Federal Circuit and Family Court judge’s decision to transfer a PhD student’s Fair Work lawsuit against the University of Western Australia to the Federal Court because his court does not have the proper resources to consider it. 

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Bayer can’t dismiss Essure injuries as ‘common women’s symptoms’, class action trial told
Class Actions 2023-04-11 9:07 pm By Cindy Cameronne Sydney

Pharmaceutical giant Bayer cannot write off debilitating chronic pain and bleeding which patients allegedly experienced after being implanted with Essure contraceptives as “common women’s symptoms”, a court has heard in the first day of trial in a long-running class action.

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Judge ‘horrified’ at ATO involvement in distributing superannuation class action settlements
ATO 2023-04-05 12:52 pm By Cindy Cameronne Sydney

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has expressed concerns about the ATO’s potential involvement in distributing settlement funds, saying the department was unlikely to efficiently reunite group members with their money. 

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ASIC brings first case over unfair insurance contract terms
ASIC 2023-04-04 10:21 pm By Cindy Cameronne Sydney

The Australian Securities and Investments Commission has brought its first-ever case concerning unfair insurance contract terms, targeting Auto & General Insurance Company’s standard form home and contents insurance agreement.

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Erin Molan to receive zero damages in defamation settlement
David Helvadjian 2023-03-30 11:34 pm By Cat Fredenburgh

Erin Molan will receive zero damages under a settlement reached with the Daily Mail, after the Full Federal Court set aside a $150,000 defamation judgment for the sports presenter and sent the case back for a new trial.

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