Class Actions

The chair of the Medibank board has given evidence that he engaged King & Wood Mallesons to commission expert reviews in the wake of a cyberattack, including three reports by Deloitte, after hearing rumours of class action investigations in October 2022. 

Seeking leave to challenge a decision that shaved $1.14 million from its costs in running a class action against Aveo, Levitt Robinson has argued the firm would have enjoyed a right of appeal if it had been joined to the case as it ought to have been.

The Australian Communications and Media Authority has brought proceedings against Optus over a September 2022 data breach that comprised the data of up to 10 million customers, the first lawsuit filed by a regulator following a string of major cyberattacks over the past two years.

Equitable contribution by Western Power, Ventia and a property owner found jointly liable for the same loss resulting from the Parkerville bushfire in WA must be mathematically equal regardless of how the liability was apportioned, a judge has found.

Supporting KPMG’s bid to move a class action over the collapse of Arrium from Melboure to Sydney, former directors of the failed steel company have told the High Court the Victoria Supreme Court was impermissibly preferring the policy of its state in finding a contingency fee order made in the case could be factored into a transfer application.

Medibank CEO David Koczkar has taken the stand to help defeat a class action’s bid to uncover several reports, including three by Deloitte, commissioned in the wake of a massive data breach, which the health insurer argues are privileged.

A funder that was bankrolling a class action against restaurant chain Fogo Brazilia alleging it misled franchisees about the profitability of its businesses has “pulled the pin” on the case, with the law firm running the proceeding agreeing to act on a no win, no fee basis. 

The Northern Territory public housing authority has moved to throw out a class action’s claims that it engaged in racial discrimination by failing to maintain public housing in remote Aboriginal communities. 

What’s good for the goose is good for the gander, lawyers have said in attacking a report to Parliament that recommends abolishing amendments adding a fault element to the continuous disclosure regime for ASIC cases but requiring shareholders to clear the higher bar in class actions.

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case.