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Contingency fees are relevant to class action transfer bids, High Court rules
Class Actions 2025-03-12 10:14 am By Christine Caulfield

A group costs order giving class action solicitors a percentage cut of the proceeds of a case is a factor in weighing whether proceedings should be transferred from Victoria to a state in which such an order could not operate, the High Court has ruled.

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High Court to rule on significance, and reach, of Victoria’s contingency fees
Class Actions 2025-03-11 11:00 pm By Christine Caulfield

Are group costs orders a factor in deciding a bid to transfer a class action? Can the orders survive the move to an inhospitable state? These questions are to be decided by the High Court Wednesday, in a ruling that will clarify the relevance and reach of Victoria’s contingency fee regime.

Developer’s challenge to NSW Ports decision an abuse of process, court told
Competition & Consumer Protection 2025-03-11 1:49 pm By Cindy Cameronne

Mayfield Development is barred from bringing claims already traversed in a competition case by the ACCC that was thrown out by a court, NSW Ports has told an appeals court.

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Phoslock class action doesn’t have to bear costs from competing case
Class Actions 2025-03-07 4:58 pm By Julia Kanapathippillai

A judge has found a shareholder class action against water treatment company Phoslock and auditor KPMG should not bear the costs incurred by a competing case for preliminary discovery.

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4 ways the High Court could go on CFOs
Class Actions 2025-03-04 11:27 pm By Christine Caulfield

As the High Court hears oral arguments this week on the reach of power to make common fund orders for firms and funders bringing class actions, Lawyerly gives a cheat sheet on what the justices could do.

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Law firm might drop iPhone class action against Apple, court told
Competition & Consumer Protection 2025-02-26 5:26 pm By Cindy Cameronne

A law firm that lodged a class action against Apple over “throttled” iPhones might discontinue the case without having served the US tech giant. 

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S&P fails in bid for all class action expert evidence to be thrown out
Class Actions 2025-02-13 3:55 pm By Cindy Cameronne

Ahead of an eight-week trial in an investor class action in July, ratings agency S&P has lost its bid to throw out the entirety of the expert evidence in the case.

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High Court to hear case to revive Sydney light rail class action
High Court 2025-02-07 11:37 pm By Cat Fredenburgh

The High Court has agreed to weigh in on when uncommon use of land amounts to a nuisance in a class action by small business owners over Sydney’s light rail construction.

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AI rule change may be on cards after lawyers express concerns
Business of Law 2024-12-13 11:50 pm By Cindy Cameronne

A NSW Supreme Court judge has hinted there may be changes to a new practice note on the use AI in court proceedings, following complaints about how it applies to discovery and expert evidence.

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High Court cases could push Blue Sky class action trial to 2026
Class Actions 2024-11-26 11:46 pm By Cindy Cameronne

Two High Court cases weighing key issues for class action practitioners will likely push the trial in a shareholder proceeding against the collapsed Blue Sky Alternative Investments and auditor EY to early 2026. 

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