The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia’s consumer laws.
Medibank has asked a judge to put the kibosh on class action-style proceedings filed with the OAIC, arguing findings inconsistent with those in a class action over its October 2022 data breach could do damage to the public’s view of the court.
The date has been set for a hearing in the second case to test the argument that judges lack power to make a common fund order when a class action settles, and the litigation funder challenging the argument can expect a sympathetic ear.
The applicant in a nine-year-old class action over the government’s 2011 live exports ban has urged the Commonwealth to pay up to $900 million to settle the case, after earlier settlement efforts flopped.
The claims in two class actions alleging fast food giant KFC denied workers rest breaks are substantially similar but not identical, a court has heard, and whether or not the two cases are headed for a battle to survive remains to be seen.
More than three years after filing a class action against failed asset finance lender Axsesstoday and auditor PricewaterhouseCoopers over a $50 million prospectus, the applicant has asked a court to file a new statement of claim that will join insurer Dual Australia to the case.
A judge has signed off on a $26 million settlement in a shareholder class action against Ardent Leisure over the 2016 Dreamworld tragedy, including $7.8 million for the funder that backed the case and $5 million in legal costs.
The firm behind a class action over Victoria’s COVID-19 hotel quarantine debacle has won a group costs order providing for a 30 per cent contingency fee, after promising it won’t ask for more down the road.
A judge has told the law firm that has taken over a class action against Philips Electronics over recalled sleep apnea machines to take its time when amending the pleading, which he said was not the “finest piece of work” he’d ever seen.
Weeks after giving the thumbs up to common fund orders at settlement, the Full Federal Court has been asked to decide whether judges have power to order payment of a commission to class action solicitors — not just funders.