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Full Court shoots down ‘misconceived’ bid to undermine Fair Work class actions
Employment 2023-10-12 4:51 pm By Cindy Cameronne

A judge has declined a unionā€™s bid to throw out an employee class action against McDonaldā€™s after the Full Federal Court confirmed that employee class actions are not precluded by the Fair Work Act.Ā 

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Judge’s blessing of ‘solicitors’ CFO’ may bring class actions back to Federal Court
Class Actions 2023-10-12 11:40 pm By Cat Fredenburgh

A Federal Court judge’s endorsement of the novel idea of a ‘solicitors’ common fund order’ may reverse the trend of class action lawyers running to the Supreme Court of Victoria, where they can earn a contingency fee, to file their cases.

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Experience trumps funding model in Jaguar Land Rover beauty parade
Class Actions 2023-10-12 12:29 pm By Cindy Cameronne

A judge has awarded carriage of a class action against Jaguar Land Rover over allegedly defective diesel filters to a law firm that won a similar case against another car maker, saying the firm’s experience was not a “neutral factor”.

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Competition class action against AGL Energy in doubt after funder exits
Energy & Natural Resources 2023-10-12 11:26 pm By Sam Matthews

The future of a competition class action against AGL Energy is in doubt after being abandoned by its funder, despite evading the energy supplierā€™s bid to dismiss the case.

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Are settlement CFOs OK? Full Court to finally have its say
Class Actions 2023-10-11 11:19 pm By Christine Caulfield

With bated breath class action litigators and funders have waited for this day, when the Full Federal Court decides the question of power to make common fund orders at settlement. They aren’t the final arbiters, but the judges’ ruling may be no less important for that.

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Virgin Australia lobs cross-claim in bondholder class action
Class Actions 2023-10-09 10:26 pm By Sam Matthews

A bondholder class action against Virgin is heating up, with the airline filing a cross-claim seeking the courtā€™s approval to demand periodic payments from the applicant to cover its costs under a contentious indemnity clause.

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Judge says expert referral process in Pacific Highway case ‘gone off the rails’
Construction 2023-10-06 4:06 pm By Cindy Cameronne

A judge has raised concerns about expert evidence in a dispute between Acciona Infrastructure, Ferrovial Construction and three insurers over losses during construction of the $695 million Pacific Highway in NSW, saying the expert referral process had ā€œgone off the railsā€.

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PFAS class action member faces opt out hurdle after $22M settlement
Class Actions 2023-10-03 1:44 pm By Cindy Cameronne

A resident of the Wreck Bay Aboriginal Community has been granted more time to decide whether he wants to bring a late bid to opt out of a class action after a $22 million settlement over PFAS contamination was approved, but a judge has warned he will face a high bar.Ā 

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A judge’s guide to winning the class action settlement administration gig
Class Actions 2023-09-26 11:30 pm By Cindy Cameronne

A former top judge appointed to decide the first-ever contest to administer a class action settlement has set out his criteria for making the choice, and has warned that giving the firm running a case a monopoly right to dole out the proceeds could lead to higher costs for group members and poorer settlement outcomes.

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Judge in Qantas case questions why unions don’t file class actions
Employment 2023-09-20 1:31 pm By Cindy Cameronne

A judge has asked why the union representing Qantas workers did not bring a class action on behalf of 1,700 ground crew who were sacked during the COVID-19 pandemic, as he ordered the airlineā€™s new CEO to attend settlement talks after losing its High Court appeal.

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