Lawyers are allowed to take a cut from a class action settlement or judgment under a so-called solicitors’ common fund order, the Full Federal Court has ruled, saying they are a permissive use of the court’s power.
The Federal Court is set to become a more attractive forum for class actions now that the Full Court has confirmed it has power to make orders granting solicitors a contingency fee from any settlement or judgment in a group proceeding.
PricewaterhouseCoopers has agreed to pay $8.25 million to settle a class action on behalf of Axsesstoday bondholders over an allegedly misleading bond prospectus, bringing the settlement total to $9.5 million after a group of insurers agreed to pay $1 million to settle the class action’s claims.
Network Ten has won $2 million in costs against Bruce Lehrmann in his failed defamation case over the broadcaster’s coverage of Brittany Higgins’ rape allegations, after agreeing to a substantial haircut on its $3.7 million legal bill.
Journalist Lisa Wilkinson has filed a notice of contention in Bruce Lehrmann’s appeal of a judgment that found he raped colleague Brittany Higgins in Parliament House, claiming Lehrmann wasn’t just indifferent to his victim’s state of mind but knew she did not consent.
A judge has scorned a bid by the directors of John Bridgeman and JB Markets to represent the companies in a case brought by investment fund Benjamin Hornigold, suggesting the companies seek pro bono or community legal assistance.
Westpac subsidiary RAMS has flagged a cross-claim against disgruntled franchisees who say their agreements were terminated without proper cause, citing possible breaches of the National Credit Act.
A judge has raised concerns about bids to declass group proceedings over alleged business interruption losses during the height of the COVID-19 pandemic, saying the thousands of policyholders who registered for the class actions might reap more from the cases than making claims directly with their insurers.
The judge overseeing AUSTRAC’s case against Star Entertainment has questioned the parties’ agreement to refer questions of fact and law to a former judge for determination, rather than an anti-money laundering and counter-terrorism financing expert.
Former political staffer Bruce Lehrmann has yet to engage lawyers to pursue his appeal of a judge’s finding that he raped colleague Brittany Higgins in Parliament House, but while he has the right to represent himself, experts have told Lawyerly it would be “very unwise” for him to run the case on his own.