Class closure orders are “anathema” to the purpose of group proceedings in facilitating access to justice and should never be ordered, the High Court has been told.
An appeals court on Tuesday questioned claims that a tribunal’s decision had the appearance of bias when it found a Sydney barrister guilty of professional misconduct for bringing allegedly unfounded claims against a solicitor.
ANZ has argued a sacked trader’s bid for discovery has turned into a “roving commission” of the bank’s culture in a lawsuit alleging the trader was terminated for complaining about the bank’s manipulation of the bank bill swap rate.
The NSW appeals court has clarified the operation of the Uniform Law in the state, finding that insurers offering professional indemnity insurance to legal practitioners must be approved by the state’s Attorney General.
The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.
The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”.
Dental aligner maker Invisalign has won an appeal of a decision rejecting its case accusing SmileDirectClub of misleading consumers, but the appeals court noted that the prospect of a new trial was “remote” after its competitor went under.
Aussie Skips is fighting a court’s ruling that imposed a $3.5 million penalty against the waste company and sentenced its boss to an 18-month intensive corrections order, in a criminal cartel case that also implicated Bingo Industries.
A judge has sentenced the former CEO of Bingo Industries to two years’ imprisonment to be served in the community and imposed $30 million in penalties against the waste company for a cartel arrangement with rival Aussie Skips, which copped fines of $3.5 million and an 18 month’ intensive corrections order for its boss.
Companies and government entities paid out less to settle class actions in 2023 than in the previous two years, with no mega settlements hitting their pocketbooks.