It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders

Analysis 2019-02-01 11:16 pm By Christine Caulfield | Melbourne

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.