Class Actions

A court has dismissed a bid to temporarily halt the demolition of three public housing towers in inner city Melbourne as a class action pursues the Victorian government over its decision to redevelop the sites.

A judge has refused to redact a judgment signing off on the discontinuance of several product claims in a class action against three AMP subsidiaries after the applicant failed to gather the required evidence, saying it was not enough that the reasons “may be an embarrassment to people who commenced the proceeding”. 

Leading lawyers have welcomed a new practice note in the Commercial Court division of the Victorian Supreme Court, including a “rigid framework” to cut down on interlocutory disputation which is expected to benefit commercial class action litigants, but some say the note “should have gone further” to compel discovery from defendants.

A hearing in a class action to determine the extent of lost sales suffered by cattle exporters following a ban on live exports has been set down for April next year, making the case the oldest unresolved class action on the Federal Court docket.

A bid by the law firm behind a settled class action against Hays Recruitment to increase a cap on costs to settle a spat with a litigation funder has been dashed, with a judge pulling up the firm for failing to inform the court of the funder’s claim.

Aristocrat Leisure has hit back at a consumer class action filed over allegedly illegal ‘social casino’ apps, saying the class action will have to grapple with the fact that the games are played with ‘virtual currency’ that can’t be cashed in. 

A funder that bankrolled a class action that was stayed against Dixon Advisory has argued it should receive $969,000 from a $16 million settlement reached in the competing proceedings that went ahead, saying its costs were spent to protect group members’ interests.

The litigation funder and lead plaintiffs in a class action against Queensland-owned Gladstone Ports are in dispute over who should be engaged to act in the long-running case after the solicitor on record left Clyde & Co for a rival law firm.

A judge has approved a settlement in a shareholder class action against livestock exporter Wellard that grants a 34 per cent cut for group members, saying that investors had agreed to the lawyers and funder receiving the “lion’s share”. 

A law firm running a shareholder class action against building materials giant James Hardie Industries has argued for a 27.5 per cent group costs order, saying it was the “standard benchmark” for earnings guidance cases.