Class Actions

A judge overseeing a $129 million underpayments class action against hospitality giant Merivale has rejected a bid for a second round of opt out notices, finding that even if the first round went straight to employees’ junk or spam folders, it did not follow that they had not been read.

Western Australia’s class action regime has come into effect, after the state became the fifth in Australia to allow representative proceedings last year.

An investor class action has reached a settlement with four former directors of defunct Linchpin Capital, leaving only allegations against AIG Insurance, which is allegedly seeking to withdraw an admission that directors were insured under a D&O policy. 

A group member in a class action against J&J unit Depuy International can receive compensation for out of pocket expenses associated with an alleged defective knee implant, despite having been paid by WorkSafe Victoria, a court has found.

The insurers of Blue Sky Alternative Investments are fighting a bid to be joined to a consolidated investor class action against the company and its auditor, EY.

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties. 

The law firm that ran a class action over the 2009 Montara oil spill must compete to administer a $192.5 million settlement, with a judge saying a tendering process is consistent with the court’s “protective and supervisory role” in managing costs deducted from class action settlements.

A judge has blasted the lack of progress in an investor class action against accounting firm PricewaterhouseCoopers and asset finance lender Axsesstoday over an allegedly misleading $50 million prospectus.

A class action against Carnival over norovirus outbreaks on its Sun Princess cruise ship is facing a strike out bid, with the cruise operator also flagging a declassing application down the line.

Hospitality giant Merivale is contesting a bid by the applicant in a $129 million underpayments class action to issue a second opt out notice to employees, which it said was an attempt to ensure group members “take an interest” in the proceedings.