The headline of this article is admittedly an extremely pessimistic (if not melodramatic) prediction as to the future of class actions in Australia. It is based only partially on the measures that have been announced this month with respect to yet another inquiry into class actions and litigation funding; the licensing of litigation funders; and a greater level of âprotectionâ from shareholder class actions over the next six months. What’s even more concerning than these developments is the process that has been followed to arrive at these decisions and the evidence that has been relied on to introduce these changes, says Professor Vince Morabito of Monash Business School.
Slater and Gordon’s conduct when settling a previous securities class action against it armed the lead plaintiff with the information he needed to later bring a class action against Arnold Bloch Leibler, a court has heard.
Two law firms have joined forces to investigate a potential class action against NSW Police over allegedly unlawful use of invasive searches, including strip searches.
Johnson & Johnson subsidiary Ethicon has been hit with an indemnity costs order for “unreasonable conduct” after its loss in last yearâs pelvic mesh class action ruling, which found that the pharmaceutical giant did not adequately warn of the risks of the implants.
With COVID-19 forcing courts to deal with more matters on the papers, written submissions are more important than ever and must be carefully crafted to assist the court while offering clients the best chance of success, barristers told Lawyerly.
In its latest move aimed at shielding companies from “opportunistic class actions”, the Morrison government has announced a temporary change to the continuous disclosure rules to give companies more wriggle room in updating shareholders during the coronavirus pandemic.
The settlement arrangement resolving five class actions against Volkswagen, which carved out hefty legal fees from the $120 million payout to drivers, could become more prevalent as the spotlight is once again trained on the cost of class actions. But the approach is not without controversy, experts say.
A proposed notice to eligible group members in Maurice Blackburn’s class action against AMP over its fees for no services scandal threatened to bar unregistered shareholders from any settlement stemming from mediation in the case, a threat barred by a recent ruling finding that courts have no power to close class actions to signed up group members, an appeals court has heard.
Eight months after defeating a case brought by the prudential regulator alleging breaches of superannuation laws, wealth manager IOOF has escaped a class action without paying a cent to shareholders.
Litigation funders say they do not oppose the government’s plan to subject them to a licensing regime, but legal experts told Lawyerly the crackdown on funders may go too far too fast and could harm class action litigants.