Class Actions

A class action over pelvic mesh products supplied by device makers Covidien and TFS has reached a global resolution with the manufacturers and their insurers which brings the recovery total in settled mesh class action close to $450 million.

A judge has adjourned a trial in a case brought by junior doctors seeking to recoup alleged unpaid overtime, despite noting his annoyance over the applicants’ “180 degree turn” on the question of whether the hearing should await delivery of judgment in a related case.

Optus has denied class action claims that customers suffered loss and damages for its alleged negligence in relation to last year’s massive data breach and argues they are not entitled to compensation for distress, frustration or disappointment that does not amount to a recognised psychiatric illness.

A judge has cautioned two law firms running competing shareholder class actions over last October’s cyber attack on Medibank that they must keep their focus on the best interests of clients and group members, saying lawyers can lose sight of that duty when arguing for their case. 

A judge overseeing a shareholder class action against Insurance Australia Group says more evidence is needed to back the applicant’s bid for an order giving lawyers 30 per cent of any recoveries.

In the latest skirmish over documents in two class actions, Uber has mostly won a bid to shield almost 150 documents on the grounds of privilege, with a judge finding the misconduct exception that has previously bedevilled the rideshare giant did not apply.

Medibank is now facing five class actions over last October’s cyber attack that left exposed the personal data of 9.7 million customers, this one by shareholders of the private health insurer.

A Shine Lawyers class action over norovirus outbreaks on Carnival’s Sun Princess cruise ship has called an attempt to see documents outlining its strategy for the case “abusive” and “bizarre”, as the cruise operator continues its fight to have the suit struck out. 

As the knives come out in a contest between four law firms battling to run an $80 million class action against Star Entertainment, a court-appointed barrister has named his favourites – one of which has proposed a contingency fee of just 14 per cent.

Three firms fighting for carriage of a $80 million class action against Star Entertainment say a group costs order would guard against ‘costs blowouts’ in the case and have urged a judge to ditch a no win, no fee proposal brought by fourth-to-file firm Shine Lawyers.