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Judge mulls joint trial of ACMA case, class action against Optus
Privacy & Cybersecurity 2024-06-14 3:35 pm By Sam Matthews

A judge overseeing several cases against Optus over a September 2022 data breach has raised the possibility of hearing a class action against the telco alongside new proceedings brought by the Australian Communications and Media Authority.

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AFL says players’ bid to join clubs to class action ‘legally misconceived’
Class Actions 2024-06-14 3:52 pm By Andy Sidler

The Australian Football League has panned as “legally misconceived” a bid to drag individual clubs into a class action against the league on behalf of football players who allegedly suffered brain injuries.

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Fees, commission to eat up half of $40M settlement in RCR Tomlinson class action
Class Actions 2024-06-13 4:27 pm By Cindy Cameronne

A judge has approved a $40 million settlement in a shareholder class action against collapsed engineering firm RCR Tomlinson, with almost half of the settlement to go towards a funder’s commission and legal fees. 

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Silk Norman O’Bryan can’t appeal findings of fraud in Banksia class action
Appeals 2024-06-13 11:08 pm By Christine Caulfield

Unable to convince an appeals court that a common law right of appeal exists, disgraced former barrister Norman O’Bryan has failed in his challenge to findings of fraud in a judgment stemming from the Banksia class action saga.

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RAMS mulls cross-claim against franchisees in class action
Class Actions 2024-06-13 2:24 pm By Sam Matthews

Westpac subsidiary RAMS has flagged a cross-claim against disgruntled franchisees who say their agreements were terminated without proper cause, citing possible breaches of the National Credit Act. 

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Clyde & Co sued by liquidator of collapsed hotel quarantine security firm
Business of Law 2024-06-12 11:46 pm By Cat Fredenburgh

The liquidator of a security firm that collapsed after being sued over Victoria’s hotel quarantine debacle has taken the firm’s former lawyers, Clyde & Co, to court.

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Judge worries about declassing COVID-19 business interruption cases
Class Actions 2024-06-12 11:05 pm By Cindy Cameronne

A judge has raised concerns about bids to declass group proceedings over alleged business interruption losses during the height of the COVID-19 pandemic, saying the thousands of policyholders who registered for the class actions might reap more from the cases than making claims directly with their insurers.

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Ex-CBA unit Count Financial settles with lead applicant in fees-for-no-service class action
Class Actions 2024-06-11 11:52 pm By Cindy Cameronne

The lead applicant in a class action against former Commonwealth Bank of Australia subsidiary Count Financial has settled individual claims in the case, which alleges the financial advisory firm charged fees for no service.

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Late tweaks to funding bids to be ‘held against’ firms in IC Markets beauty parade
Class Actions 2024-06-06 11:31 pm By Cindy Cameronne

A judge has warned two law firms competing to run a class action against IC Markets over risky contracts-for-difference that it will be held against them if they take a “holding position” on their funding proposals and attempt to negotiate their bids down later.

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Class action against BHP can amend shareholder group after ‘inadvertent mistake’
Class Actions 2024-06-06 1:20 pm By Sam Matthews

The judge overseeing a six-year-old class action against BHP over the collapse of a Brazilian dam has allowed the applicant to retroactively amend the group definition, accepting that a pleading mistake was contrary to the intended class membership in the case.

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