The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.
A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.
The Full Federal Court will weigh in on whether common fund orders can be made at settlement in two class actions against 7-Eleven, with a hearing scheduled for the same day the NSW Court of Appeal will hear arguments on the unresolved issue.
A judge has ordered two class actions brought against 7-Eleven on behalf of franchisees to pay $3 million in security for costs as trial in the cases gets pushed to August next year.
The parties in two class actions brought against 7-Eleven on behalf of franchisees have clashed over the convenience store giant’s alleged $3.1 million discovery costs “blowout”.
The funder backing a patent lawsuit by tech firm Vehicle Management Systems over an invention used by the City of Melbourne to time parked vehicles has been granted extended access to discovered documents in the proceedings.
A security for costs fight is looming in the two class actions brought against 7-Eleven on behalf of franchisees, and the convenience store giant, which claims it has spent more than double the security paid so far in defending the cases, must produce 900 pages of invoices ahead of the battle.
The parties in two class actions against 7-Eleven brought on behalf of franchisees have agreed to delay an upcoming hearing by ten months, due to challenges with discovery, evidence and witness statements resulting from coronavirus-related restrictions.
The judge overseeing the trial in a trade secrets case brought by Australian auto electronics developer Directed Electronics OE against its rivals is considering how the cross-examination of witnesses will proceed given current restrictions imposed on gatherings due to the coronavirus, including in the event of a possible lockdown.
The City of Melbourne has rejected a claim for damages for allegedly infringing a patented parking detection system created by tech firm Vehicle Monitoring Systems, saying it was not aware of the existence of two patents underlying the invention.