Justice Jim Delany

Two judges have declined to award carriage of a class action against International Capital Markets over risky derivative products to a firm accused of plagiarising its rivals’ pleading.

In a contest to run a class action against International Capital Markets over risky derivative products, a proposed consolidated proceeding has taken aim at third-to-file Banton Group for allegedly copying its case. 

Appellate guidance is needed on whether a history of cooperation between law firms that brought competing class actions can be the deciding factor in a close carriage contest, the Victorian Court of Appeal has heard.

A judge has questioned the “independent skill and judgment” applied to the pleading in a third class action filed against International Capital Markets over risky derivative products, amid a “hot contest as to carriage and forum”.

A judge on the Supreme Court of Victoria says he is a ‘convert’ on group costs orders, which allow law firms running class action to earn a cut of any settlement or judgment, saying GCOs will give better returns to group members and that conflicts can be managed.

Downer EDI has named KPMG in a cross-claim in a class action by shareholders, a move the accounting giant says has forced it to resign as auditor for the infrastructure services company.

A judge has ordered soft class closure in a class action against Suncorp unit AAI over allegedly worthless insurance, saying that knowing how many of the 200,000 group members are likely to participate would assist in resolving the case.

Suncorp subsidiary AAI has asked a court to order soft class closure in a group proceeding over allegedly worthless insurance, saying it was “passing strange” that over 200,000 group members “don’t know they’re even group members” three years into the case. 

The country’s most experienced class action law firm won two and lost two in last year’s beauty parades before the courts, showing track record is not everything when it comes to winning carriage of cases and that picking the winner can be a tricky business. From line-ball decisions to law firm team-ups and the lowest contingency fee order yet, here’s how 2023’s class action contests went down.

The law firm that’s running a franchisee class action against United Petroleum over allegedly loss-making Pie Faces stores has has won its bid to peek at draft communications the oil giant wants to send to group members.