A judge overseeing two class actions over allegedly flammable combustible cladding used in buildings throughout Australia says he will likely keep the trials separate to avoid a ‘behemoth’ hearing.
Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.
A bid by the applicant to restrict a securities class action against recycling company Sims Metal Management to shareholders who have registered to join the case has been shot down by a judge, who said the application was not in the interests of justice but “in the interests of injustice”.
The states of Victoria and Queensland have joined two class actions over allegedly combustible cladding as group members, with the claims in the proceedings now exceeding $500 million.
Notice of the discontinuance of a class action on behalf of Slater & Gordon shareholders against Pitcher Partners need not be sent to all group members, a judge has ruled, acknowledging there would be “significant practical difficulties” with trying to reach everyone.
An amicus curiae will be appointed by the court to argue against a common fund order application by the funder backing a class action against two Insurance Australia Group subsidiaries, after the insurance giant agreed to a $138 million settlement last month.
The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…
The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.
A judge has expressed skepticism at claims by accounting firm Pitcher Partners that the lead applicant of a now dropped class action over its auditing advice to Slater & Gordon should be hit with indemnity costs for discontinuing the case.
Johnson Winter & Slattery persisted with a shareholder class action over auditing advice given to Slater & Gordon despite concerns about the strength of the claims raised in late 2017, Pitcher Partners has told the Federal Court as it seeks indemnity costs for the now abandoned proceeding.