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Judges have the power to issue common fund orders, appeals courts rule
Common fund orders in class actions are legal and not unconstitutional, six judges found Friday after a history-making joint sitting of two appeals courts.
Litigation funders slugged with cost of jurisdictional battle over AMP class actions
A state judge has ordered the litigation funders behind a group of federal class actions against AMP to pay the legal costs of their failed transfer applications, saying while he could not make the applicants pay, he could compel the funders to cough up the money.
Westpac unit RAMS breached franchise agreement, court finds
Westpac-owned mortgage lender RAMS Financial Services breached a franchise agreement by failing to supply a Brisbane-based franchisee with information about nearby broker-originated customers, a judge has found.
NAB wasn’t powerless to alter credit card insurance policies, class says
The lead plaintiff in a class action alleging National Australia Bank pushed worthless credit card insurance onto its customers is disputing the bank's claims that it had no power to negotiate the terms of the policies.
Lawyers, funders brace for landmark common fund ruling this week
Judgments in two appeals challenging the legality of common fund orders issued by courts in class actions will be handed down this week, and the rulings could have a profound effect on how class actions are run by lawyers and their funders in the future.
ACCC’s Sims says more cartel cases are coming
The ACCC his hinted at what could be a record year for competition matters, with ACCC Chairman Rod Sims vowing to refer more cartel investigations for criminal prosecution and promising cases against banks and construction companies are on the horizon.
Judge makes ‘irresistible’ order that Pitcher Partners pay $3.3M in costs over hidden error
Pitcher Partners just found another reason to challenge a ruling that it owes $5.6 million in damages for concealing an accounting error from a client -- a ruling that socks it with $3.3 million in legal costs for its "deceit".
Commonwealth Bank says it shouldn’t pay twice to defend two class actions
The Commonwealth Bank of Australia wants a judge to ensure it doesn't get hit with double the cost for work defending two shareholder class actions brought by rival plaintiffs law firms.
Law firm can’t replace uncooperative expert in KPMG class action, judge says
A judge has denied law firm Piper Alderman's request to replace an uncooperative expert witness in a class action against KPMG over a failed takeover offer, three weeks before the matter goes to trial.
Westpac hit with class action over home loan practices
Westpac has been hit with a class action for allegedly breaching responsible lending laws by providing unsuitable loans, the first of the big four banks to face a class action in the wake of the banking royal commission's scathing final report.