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.
Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.
An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.
Building material manufacturer Amaca and distributor Seltsam have lost their appeal of a $1.5 million judgment won by a NSW resident who developed mesothelioma after working with asbestos during the 60s and 70s.