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First common fund order granted in the wake of High Court ruling
Class Actions 2020-05-06 1:51 pm By Alison Eveleigh

A judge has made a common fund order in approving a $3 million settlement in a class action against mortgage lending and investment company RMBL, the first common fund order granted since the High Court shot down these orders in the early stages of class actions.

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Landmark shareholder class action against Myer dismissed
Class Actions 2020-05-06 1:31 pm By Cat Fredenburgh

A closely watched shareholder class action against Myer over an inflated profit forecast from former CEO Bernie Brookes has been dropped, after a court found the retail giant misled shareholders but that they suffered no harm.

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Vocus ruling cements return to class action book building by funders
Analysis 2020-05-05 10:37 pm By Christine Caulfield

A decision this week rejecting a proposed common fund order at the settlement approval stage of a class action against teleco Vocus has dashed the hopes of litigation funders that a recent High Court ruling would not foreclose on judges using discretion at the end of a case and will cement a return to bookbuilding and a focus on shareholder class actions by institutional investors.

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Top silk ‘joked’ with class action lawyer Mark Elliott about misleading fee expert, court told
Class Actions 2020-05-05 5:34 pm By Christine Caulfield

A prominent silk deliberately misled a cost consultant retained to provide an opinion on the barrister’s fees to a court overseeing a class action over the collapse of Banksia Securities, then joked about it with lawyer and litigation funder Mark Elliott, a judge has been told.

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ACCC says lower fine ‘appropriate’ in VW appeal of record $125M ā€˜dieselgateā€™ penalty
Competition & Consumer Protection 2020-05-05 12:58 pm By Alison Eveleigh

The Australian Competition and Consumer Commission maintains its $75 million settlement agreement with Volkswagen over the emissions cheating scandal was ā€œappropriateā€, as VW progresses its appeal of the $125 million penalty imposed by a judge who called the ACCC agreement ā€œmanifestly inadequateā€.

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Common fund order slapped down in Vocus class action
Class Actions 2020-05-04 5:50 pm By Miklos Bolza

A judge has declined to make a common fund order in approving a $35 million settlement in a shareholder class action against telecommunications firm Vocus Group, resulting in a reduced payout for the funders that backed the case.

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GSK, Novartis agree to $4.5M penalty for misleading Osteo Gel claims
Competition & Consumer Protection 2020-05-04 3:40 pm By Alison Eveleigh

GlaxoSmithKline and Novartis have agreed to a combined penalty of $4.5 million after the Australian Competition and Consumer Commission accused the pharmaceutical giants of making misleading claims in marketing their Voltaren Osteo Gel and Voltaren Emulgel pain relief products.

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Qantas, Jetstar may face class action over vouchers
COVID-19 2020-05-04 12:33 pm By Cat Fredenburgh

Airlines could be the first targets of an anticipated COVID-19 class action blitz, with a major law firm threatening litigation against Qantas, Jetstar and other travel providers for compensating customers on shuttered flights with vouchers instead of full refunds.

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Law firm accused of pressuring ex-Qantas employee to settle workers comp claim
Employment 2020-05-01 11:16 pm By Christine Caulfield

A former customer service manager for Qantas who claims to suffer from severe depression and anxiety has brought allegations of disability discrimination against Maurice Blackburn, claiming the law firm put pressure on her to settle her workers compensation case against the airline.

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K&L Gates sued by former clients after $3M court loss over real estate joint venture
Real Estate 2020-05-01 8:57 pm By Cat Fredenburgh

Law firm K&L Gates has been hit with a $3 million lawsuit by former clients alleging breaches of duty of care and fiduciary duties after a Victorian Supreme Court loss in a joint venture dispute.

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