A year after Commissioner Kenneth Hayne released his scathing report, companies in the financial services sector are still facing fresh class actions over conduct aired at the banking royal commission, and the pace has even picked up in recent months.
Commonwealth Bank’s wealth management unit Colonial First State Investments faces a new class action on behalf of hundreds of thousands of customers who were allegedly charged excesssive premiums on insurance policies.
Litigation funder IMF Bentham has shrugged off concerns about the High Court’s recent ruling on common fund orders, telling investors that it’s in a position to take over some class actions from funders daunted by the prospect of bookbuilding.
Lawyerly’s Litigation Firms of 2019 racked up multiple wins last year in high-stakes litigation against formidable opponents, including the country’s top regulators.
The judge overseeing three class actions against the Commonwealth alleging contamination from the use of toxic firefighting foam at three naval bases has shot down the plaintiffs’ bid for a formal communication reminding two referees of their role in the proceedings.
Common fund orders in federal class actions could live to see another day, the Federal Court has indicated in new guidance to be released Friday, which swiftly responds to a recent judgment by the High Court that appeared to spell their doom.
A class action against Westpac over allegedly excessive insurance premiums that was at the centre of a successful High Court challenge to common fund orders may back out of funding the case in the wake of the landmark ruling.
A planned class action by Shine Lawyers, pegged as “Australia’s largest class action,” over allegedly toxic firefighting foam at eight Commonwealth military bases won’t be filed this month and has turned to bookbuilding following a landmark High Court ruling striking down common fund orders at the outset of class actions.
Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.
The High Court is poised this week to issue its judgment in a case challenging the validity of common fund orders in class actions, a ruling that could see litigation funding commission rates creep back up after hitting record lows.