Raini Zambelli

Two law firms that were able to “work cooperatively” to join their cases have been awarded carriage of a shareholder class action against mining firm Downer EDI. The judge overseeing the proceedings also approved a group costs order application that proposed a “reasonable rate” of return to the firms.

The judge who rewarded the law firm with the lowest ever GCO proposal with carriage of an $80 million class action this week noted the competitive forces that shaped a “very good deal for group members,” but competition has its downsides, experts say.

The winning, 14 per cent contingency fee proposal by Slater & Gordon in a fight to run a class action against Star Entertainment was not driven by a desire to prevail in the contest and buy market share but was the product of a “reasoned decision” that took into account the law firm’s practice as a whole, a judge has found.

One law firm has emerged victorious in a four-way contest to run a shareholder class action against Star Entertainment with the lowest proposed group costs order since contingency fees legislation was enacted in Victoria. 

The field of competitors in a four-way contest to run a shareholder class action against Downer EDI over a $40 million profit overstatement has narrowed with the consolidation of three cases, leaving one firm to face criticism over its comparative inexperience running group proceedings. 

As the knives come out in a contest between four law firms battling to run an $80 million class action against Star Entertainment, a court-appointed barrister has named his favourites – one of which has proposed a contingency fee of just 14 per cent.

Three firms fighting for carriage of a $80 million class action against Star Entertainment say a group costs order would guard against ‘costs blowouts’ in the case and have urged a judge to ditch a no win, no fee proposal brought by fourth-to-file firm Shine Lawyers.

An appeals court has upheld a ruling that found two firms previously run by Joseph “Diamond Joe” Gutnik and his family were insolvent, ending a long-running battle over hundreds of millions of dollars in mining assets.

An appeals court has ordered a phosphate mining company owned by mining magnate Joseph Gutnik to pay back more than $225,000 owed to the Queensland state government or face immediate liquidation, accusing the company of showing a “cavalier attitude” towards earlier orders made by the court.