Reasons were published today by the Full Court of the Federal Court in Ethicon Sàrl v Gill [2021] FCAFC 29, (available on the Federal Court website).
In a single judgment of the Court (Jagot, Murphy & Lee JJ) the appeal by the respondent / defendant was dismissed, subject to the Court being satisfied it is appropriate to vary the order by which the primary judge’s findings are binding on group members and providing greater specificity to the answer to common question 22 (why was the conduct misleading or deceptive).
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