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Judge’s service with silk on chambers’ board gave rise to appearance of bias: court
Legal Ethics 2023-09-22 4:14 pm By Cindy Cameronne

An appeals court has set aside findings of professional misconduct against a Perth solicitor who allegedly failed to pay a silk $23,000 in fees after finding a tribunal member had served on a chambers’ board with the senior barrister for eight years. 

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Judge approves $6.88M CFO in $25M Fonterra class action settlement
Class Actions 2023-09-21 11:56 pm By Cat Fredenburgh

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.

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Breast implant class action trial date set over ‘loud protest’
Personal injury 2023-09-21 12:10 pm By Sam Matthews

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. 

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Law firm with lowest ever GCO wins battle to run Star class action
Class Actions 2023-09-19 12:12 pm By Sam Matthews

One law firm has emerged victorious in a four-way contest to run a shareholder class action against Star Entertainment with the lowest proposed group costs order since contingency fees legislation was enacted in Victoria. 

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In loss for Clayton Utz, court finds no power to undertake assessment of $1.5M bill
Business of Law 2023-09-19 3:47 pm By Cindy Cameronne

Clayton Utz has lost its appeal of a costs assessment in a contractual dispute for which it billed $1.46 million in legal fees, allegedly five times more than the other parties’ legal bill.

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Judge’s self-executing order tossing false imprisonment case ‘draconian’: appeals court
Appeals 2023-09-19 11:23 pm By Christine Caulfield

A self-executing order dismissing a woman’s false imprisonment claim against the State of Victoria after a single attempt at pleading was “draconian”, an appeals court has found.

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‘Irrational’ coal mine approval flies in the face of climate science, court told
Environment 2023-09-18 10:05 pm By Cindy Cameronne

Federal environment minister Tanya Plibersek’s decision to greenlight the expansion of two mega coal mines in NSW was contrary to findings by the “entire community of climate scientists around the globe”, a court has heard. 

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Leading commercial silk appointed to Supreme Court
Courts 2023-09-18 11:22 pm By Christine Caulfield

A senior barrister with three decades of experience in commercial law and class actions has been appointed to the Supreme Court of Victoria.

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United to steer clear of franchisees amid class action contact concerns
Class Actions 2023-09-18 2:25 pm By Sam Matthews

United Petroleum has given an undertaking to not contact group members in a class action against the petrol giant over the introduction of loss-making Pie Face stores, amid concerns about the treatment of franchisees participating in the case.

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RCR Tomlinson shareholders reach $40M class action settlement
Class Actions 2023-09-15 11:15 pm By Christine Caulfield

Shareholders of failed engineering firm RCR Tomlinson have secured a $40 million settlement in a class action brought over alleged misleading ASX statements.

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