BHP has argued that investors who bought shares through secondary platforms are excluded from a long-running shareholder class action over a failed Brazilian dam, a claim slammed as an “unduly narrow reading” of the case.
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 Federal Court judge’s endorsement of the novel idea of a ‘solicitors’ common fund order’ may reverse the trend of class action lawyers running to the Supreme Court of Victoria, where they can earn a contingency fee, to file their cases.
A judge has awarded carriage of a class action against Jaguar Land Rover over allegedly defective diesel filters to a law firm that won a similar case against another car maker, saying the firm’s experience was not a “neutral factor”.
A talent scout whose company was acquired by Teneo is suing the Australian arm of the global CEO advisory firm, alleging she endured 16-hour workdays and was exposed to a toxic, male-dominated work culture.
Maurice Blackburn will seek $26 million in costs from a $110 million settlement in a long-running class action against AMP over its fees-for-no-service conduct, leaving more than three-quarters of the settlement to be distributed to group members.
The judge overseeing a slow moving class action against four AMP subsidiaries and two trustees over alleged excessive superannuation fees has expressed his frustration with delays in the case, fixing the case for trial over the wealth manager’s protest.
Two law firms that were able to “work cooperatively” to join their cases have been awarded carriage of a shareholder class action against mining firm Downer EDI. The judge overseeing the proceedings also approved a group costs order application that proposed a “reasonable rate” of return to the firms.
The judge who rewarded the law firm with the lowest ever GCO proposal with carriage of an $80 million class action this week noted the competitive forces that shaped a “very good deal for group members,” but competition has its downsides, experts say.
The winning, 14 per cent contingency fee proposal by Slater & Gordon in a fight to run a class action against Star Entertainment was not driven by a desire to prevail in the contest and buy market share but was the product of a “reasoned decision” that took into account the law firm’s practice as a whole, a judge has found.