Analysis

The score in shareholder class actions taken to trial now stands at a dismal 0-5 after a judge tossed class actions against the Commonwealth Bank of Australia on Friday. But don’t expect funders to throw in the towel until the High Court or an intermediate appellate authority has its say, experts told Lawyerly.

Workplace investigations involving unwitnessed, conflicting accounts are among the most difficult situations for an employer, but findings can still be made, despite the “common misconception” there is nothing to tip the balance, according to experts. 

A landmark $230 million settlement in an underpayments class action on behalf of junior doctors in NSW shows employment group proceedings are “viable and attractive” and may encourage more players to pursue representative cases on behalf of workers, according to class action experts.

Judges experience extreme levels of stress and secondary trauma, exacerbated by public comment that is often ignorant of what the job entails. The transparent approach taken by the judge presiding over the Bruce Lehrmann case may help pave the way to alleviating some of that stress, but more needs to be done, experts say.

At some point during the two hours Justice Michael Lee held court on Monday, 45,000 viewers were tuned in to the livestream. What they witnessed as he pronounced judgment against Bruce Lehrmann was arguably the vindication of Network Ten and some measure of justice for Brittany Higgins, but not only that. What they saw was a judge at the top of his game.

Attacks at trial on the credibility of Bruce Lehrmann hit their target, but it’s still his case to lose on Monday morning, when judgment is delivered on his defamation claims against Ten. Throughout the case the network has borne the burden of proving Brittany Higgins’ rape allegation was true, and it is the very seriousness of that allegation that made the task harder.

Competition law experts have raised doubts about changes to Australia’s merger review regime announced Wednesday, calling the reforms a mixed bag for businesses and the reduced role of the Federal Court “disappointing”.

Leading lawyers have welcomed a new practice note in the Commercial Court division of the Victorian Supreme Court, including a “rigid framework” to cut down on interlocutory disputation which is expected to benefit commercial class action litigants, but some say the note “should have gone further” to compel discovery from defendants.

When the Supreme Court of Victoria considers for the first time a settlement reached in a class action run on a contingency fee basis, it will grapple with some novel questions, including whether to trim the 27.5 per cent group costs order granted to Slater & Gordon at the outset of the case, legal experts say.

Did Bruce Lehrmann rape colleague Brittany Higgins in Parliament House in 2019? That is the primary question in the case to be decided by the Federal Court early next month, and the credibility of the two principal protagonists is central to answering that question.