Jerome Entwisle

A judge considering bids to de-class COVID-19 business interruption class actions has said group members can sign up for the representative proceedings but later decide to make claims directly with their insurers.

Two law firms that have been jointly running a class action against the NSW government over light rail construction in Sydney are now competing to run the case solo, after their relationship broke down and the funder lost confidence in one of the firms, a court has heard.

As it readies its civil penalty suit against tech company Nuix for trial, ASIC has flagged a possible dispute about the extent of penalty privilege pleaded by a handful of former and current directors named in the case.

The field of competitors in a four-way contest to run a shareholder class action against Downer EDI over a $40 million profit overstatement has narrowed with the consolidation of three cases, leaving one firm to face criticism over its comparative inexperience running group proceedings. 

Insurer Vero is fighting a ruling that added it to a class action against cladding manufacturer Fairview Architectural over allegedly combustible cladding. 

ANZ's $47 million settlement of a class action over its consumer credit insurance has been given the nod by a judge, who has also approved recovery of the cost of after-the-event insurance held by the law firm running the case.

The Australian Securities and Investments Commission has told a trial judge that superannuation trustee Diversa can’t hide behind outsourcing arrangements to explain its alleged failures to oversee a now-banned financial adviser accused of luring vulnerable customers into signing up to Diversa accounts.

A judge overseeing four COVID-19 business interruption class actions has questioned a decision by insurers to use ten test cases to resolve the issue of whether they had to indemnify policyholders instead of a class action, which would have been binding. 

Despite a judge's complaint that class action costs are generally "out of control", the law firm that secured a $192.5 million settlement and earned about $25 million in fees in the Montara oil spill case has won approval for more fees -- these ones incurred in a hearing to determine how the settlement spoils should be divided.