Class Actions

The lead plaintiff in a four-year-old class action against Zurich Insurance over a defective New Zealand apartment block has said the case “has to get moving”, telling the court that property owners have not received payment since a $50 million judgment was awarded overseas in 2017.

A recently appointed High Court judge has warned against state and federal courts competing to attract cases, expressing concerns the appearance of impartiality could be compromised if courts sought to “drum up business at the expense of defendants”. 

A judge on the Supreme Court of Victoria says he is a ‘convert’ on group costs orders, which allow law firms running class action to earn a cut of any settlement or judgment, saying GCOs will give better returns to group members and that conflicts can be managed.

The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.

Courts have taken differing views on whether they should order class closure, which requires group members to register for a class action, and the “deadlock” may require High Court intervention or legislative amendment to be resolved, an expert has said.

The law firm and funder that ran a class action against Retail Food Group on behalf of current and former franchisees of its Michel’s Patisserie chain will be out of pocket, after the company agreed to a settlement under which it will pay nothing.

The Full High Court will sit for the hearing of KPMG’s battle to transfer a Victoria class action to Sydney, as the applicant in the case raises a question as to the constitutional validity of the firm’s argument that the NSW Supreme Court is bound to keep a group costs order operative. 

Two law firms behind underpayments class actions against Kentucky Fried Chicken have dodged a contest to run the litigation, agreeing to join their cases alleging the fast food giant denied tens of thousands of workers rest breaks.

A judge has rejected a bid to keep the settlement sum under wraps in a class action against Nine over its coverage of litigation related to the 2004 Palm Island riots, noting that a “ballpark” figure is already open to be deduced from the settlement deed. 

Proceedings are capable of being determined by the act of filing a discontinuance, a judge has said in approving an application for the discontinuance of a class action over Fire Rescue Victoria’s COVID-19 risk management practices.