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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Analysis 2019-02-01 11:16 pm By Christine Caulfield

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’.

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Class fights to use settlement evidence in Ethicon pelvic mesh case
Class Actions 2019-02-01 11:00 pm By Miklos Bolza

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.

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Maurice Blackburn slings mud at ‘less experienced’ firm in BHP class action battle
Class Actions 2019-02-01 5:12 pm By Cat Fredenburgh

Maurice Blackburn has criticised a judge’s decision to award carriage of a massive shareholder class action against BHP over the fatal collapse of a dam at its Brazilian mine to “less experienced” firm Phi Finney McDonald, lodging what is now the second high-stakes challenge to a ruling permanently staying a competing class action.

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GetSwift to contest High Court special leave bid
Appeals 2019-01-31 11:17 pm By Christine Caulfield

Logistics startup GetSwift has confirmed it will fight an appeal to the High Court by law firm Squire Patton Boggs challenging a landmark ruling that permanently stayed two of three competing shareholder class actions against the company.

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Over $4B paid out in class action settlements in Australia, report shows
Exclusive 2019-01-31 10:25 pm By Christine Caulfield

Businesses and other class action defendants have paid in excess of $4 billion in settlements since the class action regime was introduced in Australia, and litigation funders have pocketed about $583 million, a new report reveals.

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Judge OKs $16.4M Cash Converters settlement, but axes scheme administrator clause
Class Actions 2019-01-31 7:51 pm By Miklos Bolza

A judge has signed off on a $16.4 million settlement of a class action against Cash Converters, but not before scrapping a clause he said tied the court’s hands by making the deal conditional on the appointment of Maurice Blackburn as scheme administrator.

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Therium snags 10-year ACCC veteran for Melbourne office
Competition & Consumer Protection 2019-01-30 9:58 pm By Cat Fredenburgh

Litigation funder Therium Capital Management has brought on a former director from the Australian Competition and Consumer Commission to bolster its Australian funding team, less than a month after opening its doors in Melbourne.

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The class action reform proposals experts can’t swallow
Analysis 2019-01-25 11:33 pm By Christine Caulfield

Lawyerly spoke to ten class action experts on the release of the Australian Law Reform Commission’s highly anticipated report into the class action regime. While many of the ALRC’s proposals were expected — and welcomed as sensible — others were greeted with concern and skepticism. Here, we look at the most controversial of the 24 recommendations.

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Class action report by ALRC recommends sweeping changes
Class Actions 2019-01-25 10:18 am By Christine Caulfield

Law firms would be able to charge contingency fees and the corporate disclosure obligations would go under the microscope as part of a shake-up of the class action regime recommended by the Australian Law Reform Commission.

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Ford to face unconscionable conduct claim at marathon PowerShift trial
Class Actions 2019-01-24 3:16 pm By Miklos Bolza

Car giant Ford will face a claim of unconsionable conduct in a trial of a class action over its defective PowerShift transmission that is now scheduled to run twice as long as originally thought, but claims on behalf of second-hand Ford vehicle owners are out.

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