Justice Craig Colvin

A judge hearing an appeal by a funder over its cut of a $98 million settlement in franchisee class actions against 7-Eleven has said the $12 million commission was “plainly too little”, and questioned if the class action judge had been “stuck” on the idea that common fund orders are bad. 

Federal environment minister Tanya Plibersek wrongly focused on the net effect of approving an application by MACH Energy and Whitehaven Coal to extend two mega coal mines in New South Wales, an advocacy group has told an appeals court.

The Full Court will weigh in on whether Opal Tower engineer WSP was excluded from builder Icon’s policy coverage for subcontractors and should cover it own class action costs.

The High Court has agreed to weigh in on how damages for reduction in value should be calculated under the Australian Consumer Law, granted competing special leave applications in a class action against Toyota over defective diesel filters.

US car giant Ford has partially succeeded in its challenge to a judgment that found it owed more than $6,800 to the lead applicant in a class action over defective PowerShift transmissions, but the High Court may ultimately decide how damages should be calculated under the Australian Consumer Law for reduction in value.

Trial in a defamation suit by Mayfair 101 founder James Mawhinney over a media release issued by ASIC has been pushed off until the outcome of the regulator’s second go against the investment spruiker.

A judge has rejected a bid by WA businessman and former Perth Glory owner Antony Sage to uncover external legal advice provided to the tax office in a dispute over an audit that went to the AAT, finding that reliance by the Tribunal on the material could endanger its independence.

The Full Federal Court has answered a question vexing the court for the past four years, ruling that class action judges have the power to make common fund orders at settlement that allow litigation funders to reap a percentage commission beyond their contractual entitlement. 

The Full Federal Court’s finding that the High Court did not extinguish the power of judges to make common fund orders on approval of class action settlements is the latest milestone in the evolution of Australian class action jurisprudence, experts say.

A judge has declined a union’s bid to throw out an employee class action against McDonald’s after the Full Federal Court confirmed that employee class actions are not precluded by the Fair Work Act.