As Victoria looks set to pass legislation allowing law firms to cut litigation funders out of class action work, and the High Court increases the risks of financing group proceedings, funders operating in Australia have been forced to think on their feet to adapt to the ever-changing regime. Australia’s largest litigation funder IMF Bentham is no exception, CEO Andrew Saker told Lawyerly.
The Australian Competition and Consumer Commission says it has no grounds to challenge a ruling that found the $15 billion merger of Vodafone with telecommunications rival TPG would not substantially lessen competition.
A Sydney-based childcare centre that sent an allegedly defamatory email to 35 people has won its appeal of a $238,000 damages award, with an appeals court calling the figure “manifestly excessive” and questioning the “fundamental approach to damages” in defamation cases in NSW.
A former executive of engineering giant Bechtel will be allowed to deduct over $11.8 million in share losses from his taxable income after successfully challenging a ruling to the Full Federal Court, in a decision that clarifies taxation law for income and capital regarding asset trades.
A former Piper Alderman partner is seeking to revive her unlawful discrimination case dismissed last year by the Australian Human Rights Commission, saying the seriousness of the allegations and the “public importance” of protecting women leaders from discrimination were powerful reasons to allow her claims to move forward.
A judge has directed solicitors for deceased lawyer and funder Mark Elliott to search for his missing mobile phone, which is wanted for potential evidence by a court-appointed contradictor investigating alleged professional misconduct on the part of the legal team behind a settled class action against failed Banksia Securities.
A Federal Court judge has awarded combined damages of $2.6 million to the lead applicants in the Johnson & Johnson pelvic mesh class action, following a landmark ruling in November which found that the pharmaceutical giant did not adequately warn of the risks of the implants.
Two executives of car wash franchisor Geowash that were found to be knowingly involved in the company’s unconscionable conduct in its dealings with franchisees have lost their bid to void a costs agreement with law firm Thomson Geer, with a judge calling legal cost estimations “an inexact science”.
The Federal Court judge overseeing three class actions against the Commonwealth of Australia over allegedly toxic firefighting foam has questioned the terms of the in-principle settlement reached last week, including whether the settlement amount should remain confidential.
The ACCC has asked for an interim stay of an appeal by Indonesian airline Garuda, which has yet to pay a $19 million penalty for airline price fixing, telling the court it wanted to give the company another chance to explain its “entirely exceptional” non-compliance.