A hearing for approval of a $190 million settlement in a historic class action over unpaid wages to thousands of Indigenous workers has been adjourned to next month after a judge appointed a referee to scrutinise the fees charged by the law firm behind the case.
Whether judges can alter the terms of litigation funding agreements in class actions is a question that will remain unsettled for now, after litigation funder IMF Bentham chose to sidestep a lengthy, costly and risky challenge to the reach of the court’s powers.
The former chief financial officer of Murray Goulburn has asked a judge to relieve him from any disqualification order sought by the corporate watchdog in its case over his alleged role in the milk supplier’s continuous disclosure breaches, saying he is already the subject of orders that ban him from the dairy industry.
Women’s fashion designer Pinnacle Runway is challenging a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, but the challenge might cost more than the fight is worth, after a judge found the company had already spent “many times more in legal costs” then it could hope to recover.
The Federal Court has rejected an “unusual” confidentiality regime proposed by Domino’s Pizza Enterprises which would have resulted in restricted access to discovered documents for the funder backing the class action against the global fast food giant.
Murray Goulburn has agreed to pay $37.5 million to resolve the second of two shareholder class actions over its 2016 profit forecasts, as the $42 million settlement of the first class action is held up over questions about the litigation funder’s commission.
A Mexican restaurant franchise is waging a high-stakes courtroom battle to block US fast food giant Taco Bell from moving ahead with plans to set up shop in Victoria and NSW.
UGL shareholders that signed up to a class action against the engineering company over disclosures related to its Ichthys power plant contract will get less than half of an $18 million settlement, even after the litigation funder takes a steep cut to its 30 per cent commission and the plaintiff’s firm caps its fees.
The law firm and funder behind a class action against collapsed engineering and construction company Forge Group, former directors and their insurers, which has now settled for $16.5 million, have proposed cuts that would see $8.25 million left over for distribution to group members.
A judge’s decision refusing to approve a $42 million settlement in a shareholder class action against Murray Goulburn because of a “too high” funder’s commission has set the stage for a showdown over the power of courts to alter funding agreements, a battle potentially more consequential than the fight over common fund orders now before the High Court.