Class Actions

Mining giant Clive Palmer has asked the High Court to hear his challenge to a court’s finding that lawsuits he brought challenging two criminal cases against him over a takeover bid and payments to his political party were themselves an abuse of process and should be stayed.

Shareholders of New Zealand construction giant Fletcher Building have told a court that late claims in their class action over alleged misleading 2017 profit forecasts are not time barred because knowledge of the allegations was not discoverable before the case was filed.

REST Super faces a class action alleging the supererannuation trustee deducted premiums for income protection insurance that provided no benefit to members.

Queensland power company Stanwell has flagged a possible ‘no case to answer’ submission in an upcoming competition class action trial that would seek to shut the case down mid-trial, with a judge saying it was “highly unlikely” to succeed. 

The applicant in a class action against four AMP subsidiaries and two trustees over alleged excessive superannuation fees has flagged its opposition to soft class closure, saying it would be “completely inappropriate” to require the large class of up to two million group members to register ahead of mediation. 

Looking for a slice of the class actions pie in Australia, UK plaintiffs firm Pogust Goodhead has launched an office in Sydney, headed by two lawyers from boutique Crichton & Co.

The Department of Veterans’ Affairs is facing a class action investigation for allegedly sharing the sensitive medical and personal data of 300,000 veterans and their families without authorisation.

Fast food giant KFC has served its defence in a class action alleging workers were deprived of their rest break entitlements, saying its obligation to provide the break was satisfied if staff were given the chance to stop work but chose not to.

Group members in a shareholder class action against livestock exporter Wellard will get 34 per cent of a $23 million settlement if the court approves deductions sought by the funder and law firm that ran the case.

The recent dismissal of two shareholder class actions after hard-fought trials is expected to lead to a recalibration of litigation risk and may discourage plaintiff firms and funders from pursuing what might once have been considered slam dunk cases, experts say.