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Judge mulls joint trial of ACMA case, class action against Optus
Privacy & Cybersecurity 2024-06-14 3:35 pm By Sam Matthews

A judge overseeing several cases against Optus over a September 2022 data breach has raised the possibility of hearing a class action against the telco alongside new proceedings brought by the Australian Communications and Media Authority.

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Fees, commission to eat up half of $40M settlement in RCR Tomlinson class action
Class Actions 2024-06-13 4:27 pm By Cindy Cameronne

A judge has approved a $40 million settlement in a shareholder class action against collapsed engineering firm RCR Tomlinson, with almost half of the settlement to go towards a funderā€™s commission and legal fees.Ā 

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Judge worries about declassing COVID-19 business interruption cases
Class Actions 2024-06-12 11:05 pm By Cindy Cameronne

A judge has raised concerns about bids to declass group proceedings over alleged business interruption losses during the height of the COVID-19 pandemic, saying the thousands of policyholders who registered for the class actions might reap more from the cases than making claims directly with their insurers.

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‘No more indulgence’: Firm that took over class actions can’t redo beauty parade bid
Class Actions 2024-06-06 11:09 pm By Sam Matthews

A judge will not allow a law firm that stepped in to lead class actions against Hyundai and Kia to amend its funding proposal to seek a group costs order ahead of a carriage fight, even though its proposal would have led to greater returns for group members.

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Judge OKs $100M Colonial class action settlement, questions ‘strange’ funding agreement
Superannuation 2024-06-03 11:11 pm By Sam Matthews

The judge overseeing a consumer class action against wealth manager Colonial First State Investments has given the green light to a $100 million settlement, but questioned a $23.1 million cut to funder Augusta under a ā€œstrangeā€ funding agreement.

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What’s unjust about them? Full Court appears open to contingency fees for class action lawyers
Class Actions 2024-05-28 11:53 pm By Cindy Cameronne

Hearing arguments Tuesday on whether lawyers should be permitted to earn contingency fees in Federal Court class actions, judges on a Full Court bench appeared to lean in favour of allowing so-called solicitors’ common fund orders, rejecting claims they are “unjust”.Ā 

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Optus loses second bid to shield Deloitte report from class action
Class Actions 2024-05-27 11:23 am By Sam Matthews

Optus has lost its appeal of a decision that found the telco could not claim legal professional privilege over a Deloitte report into a major data breach, with an appeals court highlighting the lack of evidence from former CEO Kelly Bayer Rosmarin.

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Jaguar class action judge did not ‘become a witness’ in siding with G+T, says Full Court
Class Actions 2024-05-27 11:52 pm By Cindy Cameronne

While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firmā€™s experience in a similar case against Toyota, an appeals court has said in its reasons.Ā 

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Decision awarding Jaguar class action to Gilbert + Tobin shot down on appeal
Appeals 2024-05-17 11:09 pm By Cindy Cameronne

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case.Ā 

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NAB faces fraud allegations in $100M class action over collapse of builder Walton
Class Actions 2024-05-17 12:53 pm By Christine Caulfield

A judge has given the green light to amendments to a $100 million class action against NAB over the collapse of Walton Construction, which include new claims of equitable fraud and knowing involvement in misleading and deceptive conduct.

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