The question of whether judges have the power to hear employment cases as representative proceedings is headed to the Full Court after a union raised the issue as it battles to have its underpayments case against McDonald’s run instead of a Shine Lawyers class action.
A judge is weighing up a law firmâs high legal costs against a unionâs “bizarre” delay in a stoush over who should run a case against McDonaldâs alleging 100,000 workers were denied rest breaks.Â
Two judges on the Full Court bench hearing arguments over power to make common fund orders when approving class action settlements appeared to tip their hand on Monday, chipping away at a High Court judgment that has sowed deep division.
The Albanese government will urge the court to shut down a Shine Lawyers-led class action against McDonald’s for allegedly denying workers rest breaks and allow a similar $250 million case by the Shop Distributive and Allied Employees Association to proceed instead.
Lawyerly’s Litigation Law Firms of 2022 racked up precedent-setting victories in a year that continued to see major developments in class action law.
The divisive issue of whether judges are empowered to make a common fund order to distribute the costs of a funding commission at the settlement stage of a class action is headed back to the Full Federal Court next week.
Sixteen law firms and accounting firms have thrown their hat in the ring to administer a $300 million settlement in two class actions against Johnson & Johnson over pelvic mesh devices that injured thousands of women.
A contradictor appointed in two pelvic mesh class actions against Johnson & Johnson has blasted a $300 million settlement, calling it âmassivelyâ short of what is owed to group members, after a judge preliminarily found the sum was not fair and reasonable.
The applicants in a consolidated investor class action against Blue Sky Alternative Investments and auditor EY will be applying for a so-called solicitors common fund order, and will move to transfer the case to the contingency-fee friendly Victoria Supreme Court if the groundbreaking application fails.
A four-way fight to lead a shareholder class action against Star Entertainment could be on the cards after a fourth law firm filed a representative proceeding alleging the company’s share price plummeted following revelations of alleged money-laundering breaches.