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The contingency fee regime in Victoria promises class action members "vastly superior" recoveries when compared with class actions financed by commission-paid funders, a new report shows.
The country’s most experienced class action law firm won two and lost two in last year's beauty parades before the courts, showing track record is not everything when it comes to winning carriage of cases and that picking the winner can be a tricky business. From line-ball decisions to law firm team-ups and the lowest contingency fee order yet, here’s how 2023’s class action contests went down.
Companies and government entities paid out less to settle class actions in 2023 than in the previous two years, with no mega settlements hitting their pocketbooks.
The Full Federal Court's finding that the High Court did not extinguish the power of judges to make common fund orders on approval of class action settlements is the latest milestone in the evolution of Australian class action jurisprudence, experts say.
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.