Settlement

One of the two remaining class actions against the Department of Defence over the use of alleged toxic firefighting foam at military bases across the country has settled for $132.7 million on the eve of trial, with the final case going back to mediation.

An appeals court has shot down funder Augusta’s challenge to a decision that cut its commission in the Opal Tower class action, putting funders on notice that they will have to marshal compelling evidence to win approval for their returns from an increasingly watchful court.

The state of Victoria has agreed to pay $5 million to settle a class action over a public housing lockdown during Melbourne’s second COVID-19 wave in July 2020.

Independent Monique Ryan’s ex-chief of staff Sally Rugg has reportedly settled her Fair Work case against her former employer and the Commonwealth for $100,000, in what was billed as a test case for determining reasonable overtime.

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has expressed concerns about the ATO’s potential involvement in distributing settlement funds, saying the department was unlikely to efficiently reunite group members with their money. 

Erin Molan will receive zero damages under a settlement reached with the Daily Mail, after the Full Federal Court set aside a $150,000 defamation judgment for the sports presenter and sent the case back for a new trial.

A class action against Aveo Group has settled for $11 million mid trial, with the law firm that brought the case expressing regret for any “distress or anxiety” it caused and acknowledging the retirement village provider’s contracts with residents were lawful. 

An investor class action has reached a settlement with four former directors of defunct Linchpin Capital, leaving only allegations against AIG Insurance, which is allegedly seeking to withdraw an admission that directors were insured under a D&O policy. 

A judge has approved a $300 million settlement in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon — the largest settlement in the history of Australian product liability group proceedings — but a $100 million deduction for legal costs has yet to get the greenlight. 

Boston Scientific’s $105 million settlement of a class action over its pelvic mesh devices has secured court approval, but the costs billed by the law firm running the case will face further scrutiny.