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Blog

September 22, 2017

Common Fund Orders Update – Pearson v State of Queensland [2017] FCA 1096

Shine Lawyers provides a summary of the recent case considering an application to open a closed class action and an order that all members of the opened class be subject to a common fund order. We note in particular the judicial oversight of the funding commission rate. Key findings This judgment concerns an interlocutory application […]

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September 21, 2017

Shine clients share harrowing accounts with Senate Inquiry into mesh

Shine Lawyers’ courageous Johnson & Johnson class action group members have spoken to the Senate in Sydney about the painful and life altering complications they have experienced since first receiving a Johnson & Johnson pelvic floor repair system. One of the greatest medical scandals Up to 8,000 women are thought to have suffered, and continue […]

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September 11, 2017

Protecting Consumer Rights – Moore v Scenic Tours

Written by Shine Lawyers Special Counsel Vicky Antzoulatos, and Law Clerk Carol Yan. Key findings The Supreme Court of NSW has recently upheld protections for consumers of travel services who had their booked itineraries substantially altered. In Moore v Scenic Tours, the Court found that a defendant cannot use the terms and conditions of a […]

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September 7, 2017

Misleading and deceptive conduct explained

You might have come across the phrase ‘misleading or deceptive conduct’ before, and wondered what it meant in the legal world. The answer lies in section 18 of the Australian Consumer Law: “A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.” […]

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August 23, 2017

Justice for all: The benefits of class actions

Over the last 25 years, we have seen a significant growth in the number of large-scale class actions hitting our courts, with an average of 15 new claims filed every year. Often involving complex and intricate questions of law, it is not uncommon for a class action to take years to finalise. Substantial time, resource […]

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August 11, 2017

Seasick on Sun Princess: Norovirus strikes again

The passengers of Carnival’s Sun Princess cruise ship have had their holiday marred, as the vessel was hit with yet another outbreak of norovirus. The voyage left Brisbane on 31 July 2017 travelling to Vanuatu and New Caledonia. By the time it returned on 10 August, at least 91 passengers were infected with the virus. […]

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August 10, 2017

TGA set to reclassify surgical mesh implants

Transvaginal mesh implants to be reclassified The TGA is moving to reclassify surgical mesh as a Class III high-risk device, requiring manufacturers to issue patient implant cards and product information for all implantable medical devices. The government decided last year to align Australian regulations on medical devices with standards imposed by the European Commission where […]

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August 3, 2017

A history of transvaginal mesh implants in Australia

Thousands of women across Australia are currently suffering devastating and life-altering complications after using transvaginal mesh products to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI). More women are coming forward each day with stories of chronic pain and other permanent and debilitating complications such as painful intercourse, damage to pelvic organs and […]

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July 26, 2017

Joining the group: How to take part in a class action

Thinking about starting or joining a class action? Maybe you’re already part of one and want to make sure it’s the right decision for you. The law surrounding class actions in Australia is vast and complex, and deciding whether you want to take part is not always easy. What is a class action? Class actions, […]

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