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Litigating in the age of coronavirus: The Dick Smith trial goes virtual
Trials 2020-03-20 7:15 pm By Cat Fredenburgh

Six law firms are working on a consolidated trial of multiple class actions over the collapse of retailer Dick Smith, but when the trial opened in the NSW Supreme Court this week, a lone barrister appeared in court before Justice Michael Ball, amid a sea of empty bar tables. Most of the hearing’s participants joined through a virtual courtroom while members of the public were invited to watch the trial unfold on a YouTube live stream. Welcome to litigating in the age of the coronavirus.

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BHP can’t pause shareholder class action over Brazil dam failure
Class Actions 2020-03-18 10:18 pm By Christine Caulfield

BHP has failed in a bid to shut down a class action over the Fundao dam failure pending criminal proceedings in Brazil, with a judge ruling the mining giant would not be prejudiced if the case proceeded for now.

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Tandem unit loses bid to de-class ‘sham’ contracting class action
Class Actions 2020-03-18 2:43 pm By Cat Fredenburgh

A unit of Telstra contractor Tandem has lost its bid to de-class a ‘sham’ contracting class action brought on behalf of telecommunications workers who claim they were denied benefits by being misclassified as contractors.

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Why the case against contingency fees does not stack up
Expert Insights 2020-03-16 2:20 pm By Editor

If contingency fees are really so bad that they should be opposed as a matter of principle, why did each of the Productivity Commission, the Victorian Law Reform Commission, and the Australian Law Reform Commission recommend their introduction? The answer is that on close analysis, the arguments against contingency fees do not bear scrutiny, says NSW barrister Daniel Meyerowitz-Katz.

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Judge approves Bellamy’s $49.7M settlement of shareholder class actions
Class Actions 2020-03-13 11:13 am By Christine Caulfield

A judge has given his blessing to a $49.7 million settlement of two class actions that alleged infant food maker Bellamy’s misled investors about its China growth strategy and declining market share in Australia.

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Westpac class action beauty parade is on after new suit filed
Class Actions 2020-03-13 10:45 am By Cat Fredenburgh

Westpac has been hit with another class action over alleged anti-money laundering breaches, teeing up a high-stakes beauty parade over which firm will lead the class action against the bank.

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Contingency fees will compromise lawyers’ ethics, peak legal body warns
Class Actions 2020-03-13 12:27 am By Christine Caulfield

The Law Council of Australia has come out against proposed Victorian legislation that would allow lawyers to charge contingency fees, saying lifting the current ban would compromise solicitorsā€™ ethical duties to their clients.

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Three law firms now facing class actions over Ralan advice
Class Actions 2020-03-12 2:07 pm By Miklos Bolza

Three Sydney-based law firms are now facing claims by Australian-Chinese investors seeking over $6 million in damages for allegedly negligent advice provided about investment properties developed by the now collapsed Ralan Group.

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Merivale slams pleadings in $129M underpayment class action
Class Actions 2020-03-12 12:26 pm By Miklos Bolza

A court has ordered the lead applicant in a $129 million underpayment class action against Merivale to fill gaps in his case, after the hospitality giant complained there was insufficient information as to how the employee’s claims related to other workers.

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‘I wish they’d bloody get on with it’: Victoria’s AG impatient for passage of contingency fee bill
Class Actions 2020-03-11 10:10 pm By Christine Caulfield

Victorian Attorney-General Jill Hennessy is “cautiously confident” that her bill allowing lawyers in the state to charge contingency fees will pass as early as next week, but the class action reform couldn’t come soon enough, she says.

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