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Government rejects duty of care owed in latest climate change class action
Climate change 2022-02-28 4:35 pm By Miklos Bolza

The Morrison government has rejected class action claims that it owes a duty of care to Torres Strait Islanders to protect them against the negative effects of climate change, claiming the alleged duty cannot apply to high level government policy.

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Landmark class closure judgments ‘plainly wrong,’ appeals court told
Class Actions 2022-02-25 10:29 pm By Miklos Bolza

Judgments shooting down a class closure order and nixing notice of a possible class closure order were “plainly wrong” and “infected” by faulty reasoning, the Full Federal Court has heard.

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Ford class action parties battle over potential appeal blowout
Class Actions 2022-02-25 3:19 pm By Christine Caulfield

An appeal in a class action over Ford’s alleged defective Powershift transmission could blow out by a week, with the applicant filing a cross appeal in a case that comes down to three provisions of the Australian Consumer law given little or no attention by the Full Court.

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Mesoblast faces fresh class action investigation over stem cell therapy claims
Class Actions 2022-02-23 3:56 pm By Bianca Hrovat

A second class action investigation against regenerative medicine company Mesoblast is underway, this one looking at claim it misled shareholders about the potential application of a developmental stem cell product to treat terminally-ill children.

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Lawyers plan second class action against Scenic Tours over disrupted European cruises
Class Actions 2022-02-23 2:52 pm By Bianca Hrovat

Scenic Tours is facing a potential second class action over a series of European cruises that went ahead in 2018 despite a record-breaking drought that saw river levels drop so low they became impassable.

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Funder may walk if 40% group costs order rejected in Arrium class action
Class Actions 2022-02-22 9:33 pm By Miklos Bolza

A funder that’s helping foot the bill in a class action against Arrium’s former directors and KPMG may withdraw support if the law firm that’s running it is not granted an order awarding it 40 per cent of any award or settlement.

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Judgment leaves ‘thousands of businesses’ with valid COVID-19 claims, class action lawyer says
Insurance 2022-02-22 5:04 pm By Cat Fredenburgh

An appellate victory by insurers in a test case over business interruption coverage for losses stemming from the COVID-19 pandemic does not spell the end to class actions brought on behalf of businesses whose claims were denied, according to a lawyer for the class actions.

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Virgin Australia may face class action over 2019 prospectus
Class Actions 2022-02-22 6:55 pm By Sam Matthews

Virgin Australia is facing a shareholder class action investigation over representations made in a 2019 prospectus for a capital raising to fund its $700 million acquisition of the Velocity loyalty program, issued six months before the airline filed for administration.

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Insurers defeat appeals in COVID-19 business interruption test cases
COVID-19 2022-02-21 5:11 pm By Christine Caulfield

An appeals court challenge by a group of small businesses seeking coverage under business interruption insurance policies for losses flowing from COVID-19 restrictions has largely failed.

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High Court to hear BHP challenge to foreign investors in class action
High Court 2022-02-18 10:59 pm By Cat Fredenburgh

BHP Group has been granted special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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