Case updates
The evidence in the initial trial of the Roundup Class Action ran in the Federal Court from September 2023 to October 2023 and we presented our final oral closing submissions on 29 and 30 January 2024. On 25 July 2024, the Honourable Justice Lee handed down judgment in the Roundup Class Action.
Justice Lee found in the Respondents’ favour, having determined that it was not proven on the balance of probabilities, that use of and/or exposure to Roundup Products increased an individual's risk of NHL and/or caused an individual to develop NHL.
This means, in short, that the respondents have won in the class action. On 31 July 2024, Mr McNickle was ordered to pay the respondents’ costs with certain reductions. Maurice Blackburn has given an undertaking to pay the full amount of any costs order made against Mr McNickle.
On 22 November 2024, Justice Lee approved a settlement agreement reached between Mr McNickle and Maurice Blackburn with the respondents that Mr McNickle will not appeal the judgment, and the respondents will not seek to recover any costs from Mr McNickle or Maurice Blackburn, nor appeal the costs judgment so as to seek to increase the amount of any potential costs payable. In short, this means the Roundup Class Action has been brought to an end.
Key dates
The evidence in the initial trial ran from September 2023 to October 2023, and there will be a hearing of oral closing submissions at the end of January 2024.
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Frequently Asked Questions - What happens next?
Mr McNickle and Maurice Blackburn have reached a settlement agreement with the respondents that Mr McNickle will not appeal the judgment, and the respondents will not seek to recover any costs from Mr McNickle or Maurice Blackburn, nor appeal the costs judgment so as to seek to increase the amount of any potential costs payable.
This agreement means the following:
(1) there will be no appeal, and the judgment against Mr McNickle and group members will remain final;
(2) the respondents do not admit any liability and will not pay any amount nor provide any form of benefit to Mr McNickle or any group members;
(3) Mr McNickle and group members will release the respondents from the claims brought in the class action;
(4) Maurice Blackburn will not be required to pay any costs on Mr McNickle’s behalf (nor will Mr McNickle be required to pay any costs); and
(5) there is no prospect of Maurice Blackburn recovering any of the millions of dollars of costs that it incurred having run the proceeding on a “No Win, No Fee” basis. For the avoidance of doubt, nothing in the agreement in any way detracts from the judgment of the Honourable Justice Lee on 25 July 2024.
Unfortunately, as the respondents have won the class action, group members will not get any compensation from this settlement.
No. Group members are not liable for any costs.
If you are a group member, you remain bound by the judgment of the Honourable Justice Lee on 25 July 2024, unless you opted out of the proceeding. This is because nothing in the settlement agreement detracts in any way from that judgment. The Court-ordered deadline for opting out of the Roundup Class Action was 20 July 2021 and has passed.
You are a group member if you:
(a) Used or were exposed to Roundup Products within Australia between July 1976 and 19 October 2020; and
(b) Have been diagnosed with NHL.
Alternatively, you are also a Group Member if you are:
(a) An executor/administrator, beneficiary or a person with an interest in the estate of a deceased person who met the above criteria before they passed away; or
(b) A dependent of a person who currently meets or previously met the above criteria.
Pursuant to the section 33E of the Federal Court of Australia Act 1976, the consent of a person to be a group member in a class action is not required. Anyone who falls within the group definition is automatically included unless they opted out of the class action. The Court-ordered deadline for opting out of the Roundup Class Action was 20 July 2021 and has passed.
Resources
In the News
ABC
Major class action thrown out as Federal Court finds insufficient evidence to prove weedkiller Roundup causes cancer
A major class action against weedkiller Roundup claiming exposure to the product causes cancer has been dismissed in Federal Court.
Class action alleges one of the world's most popular weedkillers, Roundup causes cancer
A class action has started involving 800 Australians who allege exposure to Roundup caused their non-Hodgkin lymphoma.
The Guardian
Australian judge dismisses class action claiming Roundup causes cancer
Justice Michael Lee rules there is not enough evidence the popular weedkiller caused cancer in more than 800 non-Hodgkin lymphoma patients.
Court hears class action case alleging link between Roundup and Australians with cancer
Federal court told Monsanto-produced weedkiller has caused non-Hodgkin lymphoma, which company denies.
Nine News
Landmark Roundup cancer class action kicks off in court
Hundreds of Australians diagnosed with cancer are fighting in court to prove their disease stemmed from a component of a widely used herbicide.
SBS News
Roundup class action: Hundreds claim this common weed killer gave them cancer
A lengthy class action to determine whether a weed killer contains a human carcinogenic has begun in the Federal Court of Australia.
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Our reputation for excellence in class actions is unparalleled, having recovered more than $4.3 billion for clients.
We are the only Australian class actions firm to deliver $100m+ settlements to clients in shareholder and listed securities actions, which we have done on ten occasions.
Lower cost to clients
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