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Funder’s $7M cut in Fonterra class action up in the air amid CFO uncertainty
Adley Burstyner 2023-02-28 8:47 pm By Sam Matthews Melbourne

A judge has indicated his willingness to approve a $25 million settlement in a class action against dairy co-op Fonterra, but deferred the question of the funder’s cut until after the Full Court rules on whether the court has the power to make a common fund order at settlement.

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Advanta beats back appeal in contaminated seeds class action
Agriculture 2023-02-28 9:55 pm By Sam Matthews Sydney

Advanta Seeds has won an appeal upholding the dismissal of a class action by sorghum farmers over allegedly contaminated seeds, with a court finding that the seed producer’s duty of care was negated by clear disclaimers.

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New allegations OK’d on eve of trial in Bayer Essure class action
Class Actions 2023-02-27 9:26 pm By Sam Matthews Melbourne

A class action against Bayer over its Essure device has won court approval to add new allegations, including that the contraceptive caused sexual dysfunction, with a judge finding the new claims could not have taken the German drug maker by surprise.

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Class action can’t get cladding sales figures from 3A Composites’ supplier
Class Actions 2023-02-27 11:01 pm By Christine Caulfield

A class action by property owners against the manufacturer and supplier of alleged combustible cladding has lost a bid for sales figures to estimate the value of their claims as the parties head into settlement negotiations next month.

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Nine defeats strike-out bid in defamation suit over ‘internet trolls’ broadcast
Associate Justice Melissa Daly 2023-02-27 10:39 pm By Cindy Cameronne Sydney

Nine has defeated a bid to strike out its truth defences in a defamation case by a Melbourne hairdresser alleging a segment on ‘A Current Affair’ about ‘internet trolls’ and subsequent comments on the program’s Facebook page defamed her.

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De Costi Seafoods shows ‘no contrition’ in underpayments case, judge says
David Chin 2023-02-27 3:08 pm By Cindy Cameronne Sydney

Seafood processing company De Costi Seafoods has been hit with a $60,000 penalty for failing to pay workers overtime for shifts starting before 6am, with a judge finding the company failed to show any contrition. 

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Slew of insurers targeted in Virgin bond holders class action
Class Actions 2023-02-24 4:51 pm By Cat Fredenburgh

A class action accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a $324 million capital raising is seeking to join a slew of the airline’s insurers to the case.

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Chinese crypto miner wins return of equipment in five-way stoush
Cryptocurrency 2023-02-24 10:26 pm By Sam Matthews Melbourne

A Chinese crypto miner has won its equipment back, for now, after a Melbourne business it charged with looking after the machines allegedly allowed four other businesses to access them, culminating in a five-way stoush involving an ambulance and police.

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$192.5M oil spill class action settlement gets nod, but firm’s cut to be decided
Agriculture 2023-02-23 2:10 pm By Sam Matthews Melbourne

A judge has approved a $192.5 million settlement in an oil spill class action on behalf of Indonesian seaweed farmers, but the slice for the law firm running the action and its litigation funder remains to be determined amid allegations of negligence by the former lead applicant in the case.

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Law firm shaves 0.5% off payout in second go at class action contingency fee
ANZ 2023-02-23 5:11 pm By Cindy Cameronne Sydney

Maurice Blackburn has had a second crack at a group costs order in three class actions against banks over alleged flexible commission schemes after a judge in 2021 rejected what was then the first-ever application for a contingency fee.

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