Justice Bernard Murphy

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case. 

Optus has denied that it ‘cloaked’ the true dominant purpose of a Deloitte report into a major data breach in 2022, arguing on appeal that the report was privileged and that a class action should not have access to it. 

The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.

AMP has lost its bid for soft class closure in a class action over allegedly excessive superannuation fees, with a judge finding the court should exercise “real caution” when class closure is opposed by the applicant. 

A judge has refused to redact a judgment signing off on the discontinuance of several product claims in a class action against three AMP subsidiaries after the applicant failed to gather the required evidence, saying it was not enough that the reasons “may be an embarrassment to people who commenced the proceeding”. 

A bid by the law firm behind a settled class action against Hays Recruitment to increase a cap on costs to settle a spat with a litigation funder has been dashed, with a judge pulling up the firm for failing to inform the court of the funder’s claim.

A five-year-old class action against BHP over the collapse of a Brazilian dam is seeking to amend the group definition following a judgment limiting the class size, but the mining company says it should not be punished for the applicant’s pleading mistake.

A settlement of up to $1.325 million in an employment class action against labour hire firm Hays Specialist Recruitment has been approved, but a proposal by the applicant’s law firm to increase a promised limit on costs in order to resolve a row with a funder has drawn a judge’s ire.

Group members in a class action against Nine over its coverage of litigation related to the 2004 Palm Island riots will receive between $2,000 to $5,200 as part of a settlement reached to resolve the case.

A judge will allow the erstwhile funder of a settled underpayments class action against recruitment agency Hays to argue it should be allowed to recover against group members who signed a funding agreement several years ago, but said the claim was “not worth spending a vast amount of money on” and warned the funder against turning the case into a “circus”.