The applicants in a group of class actions over defective Takata airbags are pushing ahead with a challenge to the power of the NSW Supreme Court to issue class closure orders in the aftermath of a High Court decision shooting down common fund orders, a fight that could send the cases back to the High Court.Ā
An appeals court has slashed a $450,000 judgment against law firm HWL Ebsworth to $127,000, after finding a former partner who sued the firm for unfair dismissal had not lost the opportunity to seek other employment.
The High Court will hear food manufacturer Mondelez’ challenge to a ruling that struck down its method for calculating workers’ personal days.
The High Court will not hear an appeal by the ABC and Nine seeking to revive their truth defence in a defamation lawsuit brought by Chinese businessman Chau Chak Wing.
Westpac has filed a special leave application with the High Court seeking further clarity on the line between personal and general advice under financial services laws, after an appeals court handed ASIC a significant win in finding the bank violated its duty to act in its customers’ best interests during a superannuation rollover campaign.
The end of the common fund order is a setback for class actions that will see a revival of the days of closed proceedings, costly bookbuilding, higher commission rates and the shelving of worthy but risky cases, experts say, and all eyes will now turn to state and federal governments to see how they respond to calls for legislative intervention.
More than a decade after the High Court ruled that third parties could finance legal proceedings in Australia, the court has issued another game changing decision that puts limits on what judges will do to help a litigation funder out. Here, Lawyerly gives you a quick guide to the key takeaways from Wednesday’s judgment.
Judges have no power to order all class action members to pay a proportion of a litigation funderās commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.
The High Court is poised this week to issue its judgment in a case challenging the validity of common fund orders in class actions, a ruling that could see litigation funding commission rates creep back up after hitting record lows.
Arguing the court was wrong to rule that its trade mark was not inherently distinctive, Bendigo and Adelaide Bank is challenging a judgment that revoked its 20-year-old mark for ‘Community Bank’.