Gladstone Ports has won access to draft expert reports prepared by Clyde & Co in its $100 million class action against the Queensland government owned organisation, with a judge ruling the documents were not privileged despite their not being used in the case.
Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.
The judge overseeing a class action against Ethicon over allegedly faulty pelvic mesh implants has shot down the device maker’s bid for a class closure order.
An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.
An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.
A class action against Ethicon over allegedly faulty pelvic mesh implants wants introduce confidential evidence from prior settlement negotiations as it attempts to shut down the medical device maker’s class closure application.
From a record-setting funder’s cut to the first call for ‘“proportionality”, last year saw a number of groundbreaking judgments approving class action settlements worth more than half a billion dollars. Here are the 10 biggest settlements of 2018, and the law firms and funders that negotiated them.
Two law firms have launched formal investigations into possible class actions over Sydney’s defective Opal Tower, inviting owners of units in the “crumbling” building to register their interest in joining legal proceedings.
The applicants in a class action over exposure to allegedly toxic foam used on a government military base have struck back at the Commonwealth of Australia’s argument that their claims were filed too late.
A challenge to the legality of common fund orders, an appeal to the High Court over the power of judges to stay competing cases, one of the first judgments in a shareholder class action and reform proposals promise to make 2019 another action-packed year in class actions. Here, experts give their predictions for the class action landscape this year.