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.
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.
The Australian Competition and Consumer Commission maintains its $75 million settlement agreement with Volkswagen over the emissions cheating scandal was “appropriate”, as VW progresses its appeal of the $125 million penalty imposed by a judge who called the ACCC agreement “manifestly inadequate”.
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.
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.
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.
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.
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.
A judge has declassed one of three class actions against Monsanto over its allegedly cancer-causing weedkiller and chosen the proceedings brought by heavyweight plaintiff-firm Maurice Blackburn to go first, while seeking to appease the competing firm’s fear of being “swallowed” by a larger rival.
The top judge of the Federal Court plans to clear the schedules of three judges at the start of next year so they can hear and decide Johnson & Johnson’s challenge of a class action ruling that found its pelvic mesh devices were defective and awarded the lead applicants $2.6 million in damages.