Ashurst

EnergyAustralia has hit back at a lawsuit by Australian parents accusing it of misleading customers, saying it was “valid” to market its products involving a carbon offset scheme as ‘carbon neutral’.

KPMG has lost the latest round in its fight to transfer a class action over the collapse of steel giant Arrium from Victoria to NSW, with an appeals court finding that a group costs order made in the case could not travel across the border.

An advocacy group has appealed a judgment that found it was “legally open” to federal environment minister Tanya Plibersek to approve the extension of two mega coal mines in New South Wales.

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.

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.

A judge has declined a union’s bid to throw out an employee class action against McDonald’s after the Full Federal Court confirmed that employee class actions are not precluded by the Fair Work Act. 

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.

A decision by federal environment minister Tanya Pibersek to greenlight the extension of two mega coal mines in NSW was “legally open” to her, a judge has ruled, despite acknowledging the “existential threat” of climate change. 

The Commonwealth of Australia has asked the court to throw out an adverse action suit brought by a former political staffer who says she was subjected to “a course of bullying behaviour” by South Australian MP Rebekha Sharkie.