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High Court snubs Sunwater in appeal over coverage for $440M floods settlement
Allens 2023-04-13 2:15 pm By Cat Fredenburgh

The High Court has rejected dam services provider Sunwater’s request that it weigh in on a dispute over insurance coverage for a $440 million class action settlement with victims of the 2010-2011 floods in Queensland.

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‘Too simplistic’: Judges’ support for disclaimer challenged in class action’s High Court appeal
Agriculture 2023-04-13 11:57 pm By Christine Caulfield

The farmers leading a class action against Advanta Seeds over contaminated product has brought their case to the High Court, challenging an appeals court’s holding that a disclaimer nullified the company’s duty to protect growers against economic loss.

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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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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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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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App store class action funder can’t see evidence in Epic’s case against Apple
Allens 2023-04-06 1:25 pm By Cindy Cameronne Sydney

The litigation funder bankrolling two competition class actions against Apple and Google has lost its bid to see evidence filed in a similar case by developer Epic Games, after concerns were raised about its potential use in overseas proceedings against Apple.

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Law firm gets interim $22.6M from J&J settlement, promises to return any excess
Alec Leopold 2023-04-06 3:15 pm By Christine Caulfield

Shine Lawyers can deduct 50 per cent of its fees and all of its costs from a $300 million settlement in pelvic mesh class actions against Johnson & Johnson while a judge mulls whether the law firm’s total bill is fair and reasonable.

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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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Court OKs walk-away settlement with former RCR Tomlinson directors
Class Actions 2023-04-05 11:40 pm By Cat Fredenburgh Melbourne

A judge has approved a walk-away settlement with two former directors of RCR Tomlinson in a shareholder class action against the failed engineering company.

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Downer EDI hit with shareholder class action over ‘accounting irregularities’
Class Actions 2023-04-04 4:43 pm By Christine Caulfield

Infrastructure services company Downer EDI has been hit with a class action after revealing “accounting irregularities” that sent its share price tumbling.

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