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Maurice Blackburn drops investigation of Opal Tower class action
Class Actions 2019-02-06 9:48 pm By Christine Caulfield

Maurice Blackburn has dropped its investigation of a possible class action on behalf of owners of units in Sydney’s faulty Opal Tower, but Corrs Chambers Westgarth is still pursuing a potential case.

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Rival law firms backpedal in deal over competing Commonwealth Bank class actions
Class Actions 2019-02-06 9:11 pm By Miklos Bolza

Law firms Maurice Blackburn and Phi Finney McDonald have stepped back from a proposed consolidation of their class actions against the Commonwealth Bank of Australia and want to run their own cases again, but now with “harmonised” pleadings.

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Class action threat hurt Boart Longyear scheme vote, judge says
Corporate 2019-02-06 9:02 pm By Cat Fredenburgh

A judge has recommended another shareholder vote over Boart Longyear’s plan to move to Canada, saying a letter by a minority shareholder warning the move could imperil a possible class action against the distressed mining services company was misleading and affected the integrity of the vote.

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Ethicon loses bid for class closure order in pelvic mesh case
Class Actions 2019-02-05 9:35 pm By Cat Fredenburgh

The judge overseeing a class action against Ethicon over allegedly faulty pelvic mesh implants has shot down the device maker’s bid for a class closure order.

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Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
Appeals 2019-02-04 8:39 pm By Miklos Bolza

An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.

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Deloitte continues fight to keep Hastie files secret after claiming partner made off with them
Class Actions 2019-02-04 7:56 pm By Christine Caulfield

Deloitte is challenging a judge’s ruling that certain partners not be excused from an order to produce files of the accounting giant’s audit work for Hastie Group to shareholders in a class action over the construction company’s collapse, its latest move after a failed attempt to persuade the judge that a rogue partner had taken the only copies of the files and refused to give them back.

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Boutique firm Phi Finney McDonald ’eminently qualified’ to run BHP class action, experts say
Analysis 2019-02-01 11:19 pm By Christine Caulfield

Class action experts have come to the defence of boutique law firm Phi Finney McDonald as heavyweight Maurice Blackburn appeals a judge’s ruling to choose the “less experienced” firm to lead a shareholder class action against BHP Billiton.

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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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