A Federal Court judge’s endorsement of the novel idea of a ‘solicitors’ common fund order’ may reverse the trend of class action lawyers running to the Supreme Court of Victoria, where they can earn a contingency fee, to file their cases.
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.
Legal bodies have expressed alarm at the implications of a ruling that put a judge on the hook for damages for ordering the wrongful imprisonment of a Queensland man and have called for legislative action, but one expert says the judgment is unlikely to open the floodgates.
Class actions throw up all manner of ethical conundrums, but a recent Federal Court decision has shined a light on the question of whether funders and law firms should take out loans to run class actions and whether they can charge the costs to group members.
Responding to an attack on the value of equitable briefing of barristers, peak legal bodies have reaffirmed their support for the initiative, which they say is critical for the profession and in the best interests of clients.
A judge’s public criticism of a colleague for resigning her post before delivering a judgment reserved for three years was harsh, not fair. But the evident frustration that led to the rebuke reinforces the need for a judicial commission as an appropriate avenue to give vent to complaints, experts say.
A judge’s decision that the thumbs-up emoji on a contract constitutes a valid signature is the latest court ruling to find that emojis can amount to acceptance of an offer, and serves as a warning about the downsides of the smiley face and its offspring, experts say.
Three years on from their debut, group costs orders — which entitle law firms to a percentage of any recovery in class actions — have raised a host of novel issues that are keeping lawyers and the court busy.
A law firm is considering an ‘unprecedented’ move to reconvene its class action on behalf of Robodebt victims, which can only happen with the Commonwealth’s permission, but the Albanese government might consent as a way to score political points, an expert has told Lawyerly.
A Federal Court judge who recently ordered new pleadings in a copyright case against CoreLogic is the latest judge fed up with plaintiffs pleading innumerable alternatives that waste court resources, add to the length of trials and extend the wait time for judgments.