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‘You’ve got to learn to take yes for an answer’: Judge not inclined to seek Full Court’s view on solicitors CFO
Class Actions 2023-11-15 11:20 pm By Cat Fredenburgh

The judge overseeing a class action against collapsed investment manager Blue Sky has said he would not be inclined to seek clarity from the Full Court on whether the court has the power to make a solicitors common fund order unless one of the defendants raised a challenge.

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Optus still free to seek confidentiality over parts of Deloitte report in class action, court says
Privacy & Cybersecurity 2023-11-14 1:24 pm By Christine Caulfield

A judge overseeing a class action against Optus has said there is scope for the teleco to seek redactions of portions of a Deloitte report, which he ruled last Friday failed the test for protection under legal professional privilege.

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Combustible cladding class action wins ‘fresh start’ with new mediator
Class Actions 2023-11-13 1:43 pm By Cat Fredenburgh

A judge has granted a bid for a new mediator in a class action over allegedly combustible cladding, agreeing with the applicant that a “fresh start” may be beneficial.

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Optus’ claim of privilege over Deloitte report ‘not sustainable’, judge says
Privacy & Cybersecurity 2023-11-10 3:44 pm By Christine Caulfield

Optus has lost its fight to keep a class action from accessing an independent report by consulting giant Deloitte into last year’s major data breach.

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Funder seeks 20% cut of settlement in WA stolen wages class action
Class Actions 2023-11-08 11:42 pm By Sam Matthews

The litigation funder that backed a class action brought on behalf of Indigenous workers seeking to recover unpaid wages wants a 20 per cent commission from the settlement. But it faces pushback from the government of Western Australia, which has agreed to pay group members up to $165 million.

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WA to pay up to $180.4M in stolen wages class action settlement
Class Actions 2023-11-01 11:26 pm By Cat Fredenburgh

The government of Western Australia has agreed to pay up to $180.4 million to settle a class action on behalf of First Nations workers who were paid little or nothing over a 36-year period.

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Boral fails to limit class action to registered shareholders until judgment
Class Actions 2023-10-31 5:11 pm By Sam Matthews

In a shareholder class action targeting Boral, the construction materials giant has lost a bid to limit the class to registered group members until judgment, with a judge saying there was no reason to keep the class closed after mediation.

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Insurers can’t get names of COVID-19 business interruption class action registrants
Insurance 2023-10-27 3:10 pm By Cindy Cameronne

A judge has refused a bid by four major insurers to obtain the names of small businesses that register to join COVID-19 business interruption class actions, saying he did not want the companies contacting group members. 

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High Court to weigh in on disclaimer in Advanta Seeds class action
High Court 2023-10-13 4:42 pm By Cat Fredenburgh

The High Court has granted special leave to farmers in a class action against Advanta Seeds over allegedly contaminated product to challenge a court’s finding that a disclaimer nullified the company’s duty to protect growers against economic loss.

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PFAS class action member faces opt out hurdle after $22M settlement
Class Actions 2023-10-03 1:44 pm By Cindy Cameronne

A resident of the Wreck Bay Aboriginal Community has been granted more time to decide whether he wants to bring a late bid to opt out of a class action after a $22 million settlement over PFAS contamination was approved, but a judge has warned he will face a high bar. 

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