Class Actions

A class action over the collapse of Walton Construction has argued the National Australia Bank cannot shield communications with Norton Rose Fulbright and Deloitte because they were made to further a fraud or otherwise had an illegal or improper purpose.

A judge has expressed his “frustration” that a class action against the government over the use of alleged toxic firefighting foam has not settled despite the resolution of similar group proceedings almost three years ago. 

The lead applicant in a franchisee class action against the Hog’s Breath Cafe restaurant chain is considering an application to declass the case it brought after losing a challenge to a $1.23 million security for costs order.

A judge has refused American International Group’s bid to withdraw an admission that directors of defunct advisory firm Linchpin Capital were covered under a D&O policy in an investor class action that has settled against everyone but the insurer. 

A judge has ruled Scenic Tours can cross-examine class action members without seeking approval from referees, who will oversee a process for assessing amounts owed to them, after the tour operator mostly lost its appeal of a judgment that put it on the hook for damages to disappointed cruise goers.

A judge has found that lead plaintiffs in a class action by commercial fishing operations against Gladstone Ports can bring new claims out of time, saying it would be “grossly inconsistent” if group members had broader limitation relief than representative parties.

A judge has railed against continuing delays in a class action against the Federal Government over its total ban on live cattle exports to Indonesia in 2011, as group members continue to go unpaid almost three years after a ruling awarding $2.9 million to the lead applicant.

Retailers represented in a class action against Tyro over an EFTPOS outage will get 40 per cent of a settlement with the fintech after a funding commission and fees are deducted.

A class action has been filed on behalf of 25 people whose loved ones died during a COVID-19 outbreak at the Newmarch House in Sydney.

Optus has been hit with a class action on behalf of current and former customers whose personal information was exposed in a massive data breach last September that affected up to 10 million people.