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Johnson & Johnson unit loses high-stakes appeal in pelvic mesh class action
Andrew Naylor 2021-03-05 11:34 am By Miklos Bolza Sydney

The Full Federal Court has tossed an appeal by Johnson & Johnson unit Ethicon challenging a landmark decision that put it on the hook for paying damages to 10,000 women who suffered injury through defects in its prolapse mesh and incontinence tape implants.

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GetSwift wins appeal bid to disqualify judge from class action
Ahmed Rizk 2021-03-05 10:38 am By Spencer Fowler Steen Melbourne

GetSwift has triumphed in its bid to disqualify a judge who refused to recuse himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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Fuji Xerox loses bid to throw out ACCC’s case over small biz contracts
Competition & Consumer Protection 2021-03-04 7:18 pm By Cindy Cameronne Sydney

A judge has refused to summarily dismiss proceedings brought by the ACCC against office supply company Fuji Xerox over allegedly unfair contracts with small businesses.

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Herbert Smith Freehills says Arrium lenders ‘a million miles away’ from properly run case
Amy Munro 2021-03-04 6:54 pm By Miklos Bolza Sydney

Law firm Herbert Smith Freehills has attacked a lawsuit brought by a group of lenders against collapsed steel giant Arrium, rejecting claims that $430 million in loans was borrowed under misleading or deceptive representations.

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Judge knocks prominence of cross-claims in notice to Tandem class action members
Catherine Button 2021-03-04 4:01 pm By Christine Caulfield Melbourne

An opt out notice proposed to be given to group members in an underpayment class action against a unit of labour hire firm Tandem has been criticised by a judge as skewed to details of their exposure to cross-claims by the company.

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Full Court to hear another appeal over computer-implemented invention
Appeals 2021-03-04 2:58 pm By Cat Fredenburgh Melbourne

The Full Federal Court has been asked to consider an appeal of a judge’s ruling backing the position of the Commissioner of Patents that two patents for a computer-implemented invention did not describe a manner of manufacture and should be revoked.

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Viagogo wins stay of $7M penalty after evidence of COVID-19’s ‘catastrophic’ impact
ACCC 2021-03-04 2:44 pm By Cindy Cameronne Sydney

Crying poor during COVID-19, Viagogo has won a temporary stay of a $7 million penalty imposed by a court that found the ticket reseller misled customers on an “industrial scale”.

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Applicant, funder must foot the bill for slew of cross-claims in dropped Pitcher Partners class action
Andrew Roe 2021-03-04 12:34 pm By Cat Fredenburgh Melbourne

A judge has found the lead applicant and funder in a discontinued class action against Pitcher Partners over its auditing of Slater & Gordon must pay the bill for the flurry of cross-claims brought in the proceeding, but has rejecting the accounting firm’s argument that its costs should be paid on an indemnity basis.

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Andrews government to seek quick end to COVID-19 class actions
Adam Hochroth 2021-03-04 11:32 am By Christine Caulfield Melbourne

The Victorian government will argue for summary dismissal of two class actions filed over the bungled COVID-19 hotel quarantine program said to be responsible for the state’s second pandemic wave last year.

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Judge ‘not following’ government’s argument backing coal expansion in climate class action
Ashurst 2021-03-03 6:23 pm By Spencer Fowler Steen Melbourne

The Federal Government has argued a class action against the expansion of a northern NSW mine has “conspicuously failed” to show that the emissions would contribute to “catastrophic harm”, but a judge has questioned the Commonwealth’s contention that other countries would be responsible for the emissions.

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