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Judge shoots down request for soft closure in breast implants class action
Class Actions 2020-04-14 1:22 pm By Cat Fredenburgh Melbourne

The plaintiffs in a class action against Dr Eddy Dona, the director of defunct chain the Cosmetic Institute, over allegedly botched breast implants have lost their bid for a ‘soft’ class closure order, with a judge saying the class already had sufficient information to engage in settlement negotiations.

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Seven West sues Bauer to keep $40M acquisition on track
Competition & Consumer Protection 2020-04-08 2:44 pm By Cat Fredenburgh Melbourne

Seven West Media has filed a lawsuit against Bauer Media to compel the German company to complete its planned $40 million acquisition of the Australian media giant’s Pacific Magazines unit.

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Aldi takes another shot at misleading conduct case against TWU
Adam Guy 2020-04-07 6:01 pm By Miklos Bolza Sydney

German grocery store Aldi Foods has appealed a Federal Court decision dismissing its case against the Transport Workers Union on a “legal technicality” despite a finding that material disseminated by the union was likely to mislead.

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TEG Live to pay back $5M to basketball fans duped by misleading seating charts
Article 2020-04-07 12:26 pm By Christine Caulfield Melbourne

Event promoter TEG Live will refund $5 million to more than 5,000 sports fans who bought 20,000 tickets to see the Boomers play USA and Canada last year, after admitting it made misleading claims about seating at the basketball games.

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Fight erupts over need for amicus to weigh fairness of $212.5M toxic foam settlement scheme
Alicia Lyons 2020-04-06 7:02 pm By Alison Eveleigh Sydney

The Commonwealth of Australia has called for the appointment of an amicus to scrutinise the $212.5 million settlement reached in several class action against it over allegedly toxic firefighting foam used on government military bases.

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Johnson & Johnson appeals landmark ruling in pelvic mesh class action
Class Actions 2020-04-06 2:40 pm By Cat Fredenburgh Melbourne

Johnson & Johnson has appealed a ruling awarding the three lead applicants in a class action over its pelvic mesh products a combined $2.6 million in damages, after a judge found the company failed to adequately warn women of the implants’ risks.

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$16M settlement reached in Walla Walla tip fire class action
Acting Justice Ronald Sackville 2020-04-06 11:18 am By Cat Fredenburgh Melbourne

A NSW council has agreed to fork over $16 million to settle a class action over a 2009 rubbish tip fire, after the High Court declined to hear the council’s challenge to a ruling that found it was responsible for the damage caused by the fire.

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Directors look to shut down COVID-related shareholder class actions
ASIC 2020-04-06 10:34 am By Cat Fredenburgh Melbourne

The Australian Institute of Company Directors is calling on the Federal Government to bar lawsuits over coronavirus-related disclosures, including class actions, but some lawyers warned the proposal would leave companies free to mislead and deceive shareholders.

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Citing coronavirus, judge orders limited discovery in ANZ, Westpac ‘junk’ insurance class actions
ANZ 2020-04-03 11:18 pm By Christine Caulfield Melbourne

Noting the challenge of searching for documentary evidence while employees are working from home, a judge overseeing two consumer class actions against ANZ and Westpac has directed the banks to hand over only a limited number of documents to the applicants, and given them extra time to do it.

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ACCC was unreasonable to pursue cartel appeal, Cussons says
ACCC 2020-04-03 9:54 pm By Miklos Bolza Sydney

Personal healthcare giant PZ Cussons is seeking indemnity costs from the ACCC, claiming the regulator unreasonably rejected a settlement offer in its case over an alleged laundry detergent cartel.

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