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Court orders G8 class action plaintiff to remove redaction from costs agreement
Class Actions 2021-04-12 11:00 am By Miklos Bolza Sydney

A judge has ordered the lead applicant in a shareholder class action against G8 Education to disclose a previously redacted clause of a costs agreement to the childcare centre operator, saying he failed to show how supplying the information would give G8 a tactical advantage in the case.

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Judge sends Epic’s competition dispute with Apple to California
ACCC 2021-04-09 11:44 pm By Cat Fredenburgh Melbourne

A judge has found that a clause in Apple’s agreement with developers requires that Fortnite game developer Epic Games litigate a closely watched competition lawsuit against the tech giant on its home turf. 

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Volkswagen loses appeal of landmark $125M fine in ‘turning point’ for ACCC
ACCC 2021-04-09 8:55 pm By Cindy Cameronne Sydney

Volkswagen has lost its challenge to a landmark $125 million Dieselgate penalty handed down by a judge who lambasted a $75 million fine proposed by the ACCC as “manifestly inadequate”, in what ACCC chair Rod Sims told Lawyerly was a “turning point” for the regulator to push for higher fines.

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Judge nips Advanta Seeds class action in the bud, finds no duty of care owed
Agriculture 2021-04-09 5:59 pm By Miklos Bolza Sydney

Advanta Seeds has defeated a class action brought over contaminated seeds, with a court finding the Australian seed supplier did not owe a duty of care to irate farmers who allegedly suffered loss and damage from the decreased value of their sorghum crops sowed in the 2010/2011 summer season. 

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Law firm drops opt out clause from funding agreement in Boral class action
Boral 2021-04-09 3:11 pm By Miklos Bolza Sydney

Phi Finney McDonald will amend its funding agreement with Therium in a shareholder class action against Boral after a judge found that an irrevocable opt out provision placed the law firm in a “manifest position of conflict”.

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‘Significant allegations’: ASIC ordered to flesh out case against REST
Albert Ounapuu 2021-04-09 2:53 pm By Cindy Cameronne Sydney

A judge has ordered ASIC to flesh out its case accusing the Retail Employees Superannuation of misleading members about their ability to move their super out of the REST Trust, given the “significant” allegations that a deliberate system was behind the superannuation trustee’s alleged misconduct.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Andrew Naylor 2021-04-09 2:29 pm By Cat Fredenburgh Melbourne

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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Tucker & Cowen didn’t enter binding settlement with client in negligence case, court finds
Graham Dietz 2021-04-09 11:47 am By Miklos Bolza Sydney

A court has rejected claims by a former client of Tucker & Cowen that the law firm entered into a binding settlement of $150,000 to resolve a negligence and breach of contract lawsuit over legal costs incurred in a protracted spat over a Nigerian telecoms company.

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Daily Mail can’t grill Erin Molan about Footy Show incident ahead of defamation trial
Clayton Utz 2021-04-08 9:39 pm By Christine Caulfield Melbourne

The judge overseeing sports presenter Erin Molan’s defamation case against the Daily Mail won’t force Molan to be questioned ahead of trail about a segment on Nine’s The Footy Show in which she laughed at an off-colour joke, saying the  publisher was “fishing”.

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Climate change case should not be run as a class action, government argues
Australian Government Solicitor 2021-04-08 4:51 pm By Miklos Bolza Sydney

The Commonwealth of Australia is seeking to remove all references to representative proceedings from a class action pleading that alleges the government failed to disclose the impacts of climate change to investors in sovereign bonds.

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