Carbone Lawyers Class Action

John Fenton v Monsanto Australia Pty Ltd
Federal Court of Australia Proceeding NSD1971/2019

On 27 November 2019, a Class Action commenced against Monsanto Australia (‘the Fenton proceeding’) representing those who have suffered loss as a consequence of alleged exposure to Roundup in the period 24 March 1987 to the commencement of the Fenton proceeding, and have contracted Non-Hodgkin Lymphoma.

The claim is brought on behalf of those who have suffered injury and for the estates of those who have passed away due to their exposure. The allegations are denied by the respondent.

The proceeding is being conducted by LHD on a No Win No Fee basis and without a litigation funder, which means:

  • Our professional legal fees are only liable to be paid by group members in the event of a successful outcome, and should be mostly recoverable from the unsuccessful respondent.

  • Doctors and other experts reports to date have been paid by a medical company, which charges interest pending reimbursement at the conclusion of the proceeding. Again, these costs are only liable to be paid by group members in the event of a successful outcome, and should also be mostly recoverable from the unsuccessful respondent. 

  • Future fees, costs and expenses of this kind will be minimal in the Fenton proceeding, as the McNickle proceeding has assumed the conduct of proceedings for determination of the common questions.

The Amended Statement of Claim can be viewed here.

Should you have any questions please contact us on 03 9102 6203 or at marie.nissan@carbonelawyers.com.au or if you would like free independent advice you can contact Mr Caspar Conde a barrister on (02) 9151 2058 or at conde@newchambers.com.au.

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