More than 18 months after a split emerged among the courts, the Full Federal Court will weigh in on whether judges have power to shut out unregistered group members from a class action. But given the breadth of the question for the appeals court, the issue is unlikely to be resolved there.
The Full Court is set to examine whether the Federal Court has the power to make class closure orders prior to mediation, weighing on one of the biggest unanswered questions vexing the class action regime.
Fearing passage of a contentious bill in parliament that threatens to curb open class actions, plaintiffs law firms and funders have raced to court with new cases in the past two weeks.
The Australia and New Zealand Banking Group has been hit with a class action for having “unfair” terms in its credit card contracts that allegedly gave the bank the right to charge account holders retrospective interest.
The battle to lead a shareholder class action against Nuix over its $1.8 billion initial public offering is on, with a second class action lobbed that accuses the embattled technology company and underwriter Macquarie of failing to alert shareholders to a slew of “red flags” in the business.
A judge overseeing a climate change class action against the government will be invited to visit the Torres Strait to see the alleged erosion of sacred sites, but before then the Commonwealth is seeking details on when it allegedly knew of the effects of global warming and the scope of its alleged duty of care.
A court has summarily dismissed a lawsuit accusing the Victorian government of acting unlawfully by improving the Western Highway and threatening to harm six ‘directions’ trees of cultural significance to the Djab Wurrung people.
Embattled technology company Nuix has been hit with a shareholder class action over its $1.8 billion December float on the ASX.
A judge has indicated he will approve the ‘very low’ GetSwift class action settlement because the company appeared to be broke, but the law firm behind the case has been pulled up by the court for a previous costs estimate that has blown out by $3 million.
A court has shut down Facebook’s renewed push to cut off Melbourne-based content strategists Sked Social from posting on Instagram on behalf of its clients, with a judge saying the social media giant’s justification for varying the injunction order was “flimsy and possibly strategic”.