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Elaine Stead to push ahead with defamation case despite Nine’s ‘inadequate’ defence
Banki Haddock Fiora 2020-03-10 5:34 pm By Miklos Bolza Sydney

Venture capitalist Elaine Stead is pushing forward with her defamation case against the Nine-owned Fairfax Media despite what she has called an “inadequate” third attempt at a defence by the publisher.

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Judge scolds parties for delaying funder’s landmark appeal by three months
Adero Law 2020-03-05 1:34 pm By Alison Eveleigh Sydney

Litigation funder Augusta Ventures has had its appeal of a groundbreaking ruling that put it on the hook for security for costs in a Fair Work class action pushed back by three months after a delayed case management hearing, with a Federal Court judge telling the parties they were to blame.

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‘I have been ignored’: Claimant makes courtroom plea in AMP insurance churn case
AMP 2020-03-03 4:59 pm By Miklos Bolza Sydney

An individual claimant accusing AMP Financial Planning of ignoring multiple attempts to gain remediation for alleged insurance re-writing conduct was granted permission to voice his displeasure in court, while ASIC and AMP grapple with the details of a remediation program for insurance churn victims.

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New pelvic mesh class action targets Medtronic unit, two other device makers
AJB Stevens 2020-02-27 4:06 pm By Alison Eveleigh Sydney

Medtronic owned Covidien and two other medical device manufacturers have been hit with a class action on behalf of thousands of women who claim to have suffered lifelong complications from the devices, the third class action over pelvic mesh implants brought in Australia.

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Judge spots ‘fundamental flaw’ in NAB insurance class action settlement
Christopher Caleo 2020-02-25 10:25 pm By Miklos Bolza Sydney

A judge has questioned whether he should sign off on a $49.5 million settlement in a class action against National Australia Bank over allegedly worthless credit card insurance, which he said had a “fundamental flaw” because it did not contain a provision automatically cancelling group members’ policies.

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ASIC pans Wagyu and shiraz ‘thought experiments’ in Westpac home loan appeal
ASIC 2020-02-25 5:05 pm By Miklos Bolza Sydney

ASIC has criticised a Federal Court judge for his ‘thought experiments’ around prospective home loan applicants feasting on Wagyu beef and shiraz, as the regulator challenges the judge’s dismissal of its responsible lending case against Westpac.

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Westpac slams Shine’s ‘sales pitch’ in class action opt out notice
Alec Leopold 2020-02-21 10:21 pm By Miklos Bolza Sydney

Westpac has criticised Shine Lawyers for allegedly turning a registration and opt out notice to class action members into a ‘sales pitch’ designed to book-build for the firm, saying the High Court’s recent common fund ruling forbade approval of anything designed to boost the commercial viability of a case.

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Judge proposes joint sitting as talks to deal with competing Monsanto class actions break down
Agriculture 2020-02-20 5:38 pm By Miklos Bolza Sydney

The judges overseeing two competing class actions against Monsanto in the Federal and Victorian Supreme Courts may hold a joint sitting as the multiplicity fight continues and the chemical giant flags a future bid to either transfer or permanently stay the state court proceeding.

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Judge hints at broad powers to make common fund orders at class action settlement
Class Actions 2020-02-13 6:37 pm By Miklos Bolza Sydney

Future orders putting all class action group members on the hook for a funder’s commission in the wake of the High Court’s common fund ruling could be made under the court’s broad equitable powers, not just statutory power, a Federal Court judge has hinted.

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Law firms behind Monsanto competing class actions can’t seem to get along
Agriculture 2020-02-13 2:47 pm By Miklos Bolza Sydney

The law firms running two competing product liability class actions against chemical giant Monsanto over its allegedly cancer-causing weed killer have been unable to reach agreement on how they will jointly manage the cases, a court has heard.

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