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Myer takes Mark Elliott’s firm to court over $1.4M legal bill
Class Actions 2021-09-09 2:36 pm By Cat Fredenburgh

A firm created by solicitor Mark Elliott as a vehicle to launch shareholder class actions has been taken to court by Myer over an unpaid $1.4 million legal bill racked up in defending a class action that was thrown out as an abuse of process.

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Blue Sky privilege battle should be fought in class action, judge says
Class Actions 2021-09-09 4:26 pm By Cat Fredenburgh

A dispute over redactions in books and records produced by defunct fund manager Blue Sky to a prospective class action applicant should be hashed out within the class action, a judge has found.

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Class action members likely misled about cross-claims in BSA case, judge says
Class Actions 2021-09-09 11:41 pm By Christine Caulfield

A judge will allow workers in a sham contracting class action against technical services contractor BSA to rejoin the case after opting out, saying the company’s communications during the opt out period were capable of misleading “at least a significant proportion” of group members.

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Seqwater wins appeal in Queensland floods class action
Class Actions 2021-09-08 11:29 am By Christine Caulfield

Water supplier and dam operator Seqwater has won its high-stakes challenge to a ruling finding it liable for the 2011 Queensland floods and sticking it with half the damages owed to thousands of class action members.

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VW class action applicant slugged with indemnity costs
Class Actions 2021-09-08 2:14 pm By Miklos Bolza

The lead applicant in a class action against Volkswagen over defective Takata airbags has been hit with indemnity costs for his failed case after a NSW Supreme Court judge found that deficiencies in aspects of the case were “manifestly clear”.

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Law firms say government inaction fuelling appetite for climate change litigation
Climate change 2021-09-07 4:16 pm By Miklos Bolza

Two law firms behind landmark courtroom battles over climate change say they’re seeing a greater appetite for litigation by individuals and corporations who are concerned about the impacts of climate change and the government’s inaction on the issue.

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FMC faces class action investigation into Overwatch weed killer
Class Actions 2021-09-07 3:43 pm By Bianca Hrovat

US agricultural chemical giant FMC Corporation is facing a potential class action by grain farmers following reports of crop bleaching allegedly caused by its newly introduced Overwatch herbicide.

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Insurer keeps up fight over doctor’s costs in breast implant class action
Appeals 2021-09-07 4:49 pm By Miklos Bolza

Avant Insurance has launched an appeal of a Federal Court judgment ordering it to cover the defence costs of a surgeon facing a class action by breast implant patients of defunct clinic the Cosmetic Institute.

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Lockdown didn’t trigger business interruption policy in COVID-19 test case, IAG tells court
Insurance 2021-09-06 10:05 pm By Christine Caulfield

Lockdown orders by the Victorian government and an international travel ban in place last year during the first wave of COVID-19 did not trigger a business interruption clause in an IAG policy at the centre of a test case brought by insurers, a judge heard Monday.

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Court to rule soon in Queensland floods class action appeal
Class Actions 2021-09-06 4:42 pm By Christine Caulfield

Dam operator Seqwater will find out this week if its decision not to settle with group members in a class action over the 2011 Queensland floods has paid off.

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