Class Actions

A former top judge appointed to decide the first-ever contest to administer a class action settlement has set out his criteria for making the choice, and has warned that giving the firm running a case a monopoly right to dole out the proceeds could lead to higher costs for group members and poorer settlement outcomes.

The law firm representing the wife of the late AFL player Shane Tuck in a class against the Australian Football League on behalf of players who allegedly suffered brain injuries is seeking court approval to discontinue the case for lack of litigation funding.

General Motors has been accused of having “carefully curated” its list of witnesses to avoid giving evidence about the car maker’s decision to stop supplying Holden-branded vehicles in Australia, as trial in a class action by Holden dealers kicks off.

Insurer JLT Risk Solutions won’t pay any compensation to resolve a long-running class action on behalf of Victorian councils, after defeating a similar class action in New South Wales.

The lead applicant in an underpayments class action against The Reject Shop has been hit with costs after his “last minute” withdrawal of a bid to add claims that the discount retail chain made misrepresentations to store managers.

The first healthcare provider to be found liable in one of several underpayments class actions by junior doctors is challenging a ruling that found permission to work overtime hours did not have to be expressly given.

The judge who rewarded the law firm with the lowest ever GCO proposal with carriage of an $80 million class action this week noted the competitive forces that shaped a “very good deal for group members,” but competition has its downsides, experts say.

A judge has approved a common fund order awarding $6.88 million to the funder behind a class action against Fonterra that settled for $25 million, opting not to wait for a much-anticipated appeals court ruling on the power to make CFOs at settlement.

A class action against a group of surgeons who worked for The Cosmetic Institute over allegedly incompetent breast augmentation procedures has been set down for trial over the “loud protest” of the defendants, with a judge choosing to accommodate the plaintiff’s no win, no fee counsel team. 

The winning, 14 per cent contingency fee proposal by Slater & Gordon in a fight to run a class action against Star Entertainment was not driven by a desire to prevail in the contest and buy market share but was the product of a “reasoned decision” that took into account the law firm’s practice as a whole, a judge has found.