Justice Rowena Orr

An appeals court has backed a decision awarding carriage of a shareholder class action against Downer EDI to two firms that joined their cases, rejecting an argument that it would encourage races to consolidate.

She earned the nickname ‘Shock and Orr’ as senior counsel assisting the banking royal commission, but the Victoria Court of Appeal’s newest judge told those gathered to welcome her to the bench on Tuesday that she thought twice before accepting the daunting assignment.

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.