Justice Michael Lee

A judge has refused a bid by four major insurers to obtain the names of small businesses that register to join COVID-19 business interruption class actions, saying he did not want the companies contacting group members. 

The judge hearing a bondholders class action against Virgin Australia has deferred the resolution of the airline’s cross-claim seeking seeking periodic payments from the class action to cover its costs under a contentious indemnity clause.

A judge overseeing a class action against NAB has ordered group members to be sent an unusual notice stating that the case has been run in a “wholly unsatisfactory manner” and said he will consider dismissing the action if it continues in the same vein.

Lender White Oak Commercial Finance will bring a novel claim against insurer Bond & Credit Company alleging it owed a duty of care to disclose an investigation into Greensill when it bought securities from the collapsed financier’s German-based bank.

Monsanto can’t throw out the evidence of an expert for the plaintiff in a class action over its Roundup product who has testified that the company engaged in criminal conduct in trying to bury scientific reports on the popular weed killer’s alleged cancer-causing properties.

The judge overseeing ex-commando Heston Russell’s defamation case against the ABC over reporting of alleged war crimes will be involved in assessing his costs after media reports put his lawyers’ fees at $2 million.  

Television presenter Lisa Wilkinson has reportedly taken Network Ten to court, arguing her employer has reneged on a promise to cover her costs in defending defamation proceedings by former Liberal staffer Bruce Lehrmann.

A judge has awarded ex-commando Heston Russell $390,000 in damages over coverage of alleged war crimes in Afghanistan, in the first ever post-trial judgment in a defamation case to consider the public interest defence.

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.