Vocational education provider Captain Cook College has panned the ACCC for delaying its recently filed case against the college by failing to prepare a statement of claim, despite already publicising the proceedings.
The court’s authority to shut down competing class actions is no longer in doubt after Tuesday’s Full Federal Court judgment in the case against GetSwift, and while there is no “silver bullet” when it comes to how judges must deal with multiple proceedings, there are key factors to weigh, the appeals court said. Here, experts provide the big takeaways from the landmark ruling.
The Full Federal Court has dismissed a challenge to a ruling that chose one of three shareholder class actions to proceed against GetSwift, saying the court had the power to permanently stay competing cases. But an injunction blocking the losing law firms from communicating with clients was going too far, it said.
A groundbreaking judgment by the Full Federal Court over competing class actions will be handed down Tuesday morning and is expected to give judges much needed guidance on how to move forward when confronted, as they increasingly are, with multiple proceedings over the same alleged misconduct.
The former directors of Starcom have lost their bid to stay proceedings brought by the company’s liquidator alleging they knew the IT solutions provider was insolvent almost two years before it was wound up.
Litigation funder Regency Funding has sought leave to intervene as a major player in one of two challenges to the courts’ powers to issue common fund orders in class actions, but it might have a fight on its hands.
Two far-reaching appeals challenging the court’s power to order all members of an open class action to pay a litigation funder will be heard together, and soon, the Federal Court’s top judge said Thursday.
A class action against Westpac over allegedly excessive insurance premiums has been put on ice after funder JustKapital filed an application to stay the case in the wake of the bank’s appeal challenging the court’s power to make a common fund order.
Westpac is contesting a subpoena in a class action over allegedly excessive life insurance premiums for documents from Deloitte that may reveal how the bank chose the policies it offered.
Class action funding arrangements that siphon off large percentages for commissions and legal fees are “unsustainable”, Federal Court Justice Michael Lee said Monday.