Most Recent
Courts don’t have power to make class closure orders, appeals court says
Acting Justice Arthur Emmett 2020-04-22 6:30 pm By Miklos Bolza Sydney

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Shine Lawyers’ attempt at video opt-out notice not a Golden Globe winner, judge teases
Alicia Lyons 2020-04-15 3:38 pm By Miklos Bolza Sydney

A Federal Court judge has praised an attempt by Shine Lawyer’s head of litigation to create an audio-visual opt out notice for its insurance class action against Westpac, but jokingly remarked that her performance would not win her any acting plaudits.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Payday lender Cigno loses challenge to ASIC ban on short-term credit lending
ASIC 2020-04-15 3:20 pm By Christine Caulfield

Payday lender Cigno has lost a challenge to the corporate regulator’s first action under powers to prohibit ‘predatory’ financial products that targeted its model of short-term credit lending.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Courts criticised for losing sight of justice in Takata airbag class closure challenge
Acting Justice Arthur Emmett 2020-02-19 8:38 pm By Miklos Bolza Sydney

The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Takata airbags class actions confirm landmark challenge to class closure order
Allens 2019-12-17 10:50 pm By Miklos Bolza Sydney

The applicants in a group of class actions over defective Takata airbags are pushing ahead with a challenge to the power of the NSW Supreme Court to issue class closure orders in the aftermath of a High Court decision shooting down common fund orders, a fight that could send the cases back to the High Court. 

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Common fund orders in class actions dealt fatal blow by High Court
Alec Leopold 2019-12-04 10:12 am By Christine Caulfield Melbourne

Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

All eyes on High Court as ruling on common fund orders looms
Alec Leopold 2019-12-02 11:24 pm By Christine Caulfield Melbourne

The High Court is poised this week to issue its judgment in a case challenging the validity of common fund orders in class actions, a ruling that could see litigation funding commission rates creep back up after hitting record lows.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Future personal injury claims may be barred in PFAS class actions, court warns
Australian Government Solicitor 2019-11-01 10:14 pm By Miklos Bolza Sydney

A Federal Court judge has expressed concerns about whether group members in three class actions against the Commonwealth over allegedly toxic firefighting foam will be blocked from pursuing personal injury claims related to the chemical.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Judge frowns on ‘moronic approach’ to group member sign-up in Takata class actions
Allens 2019-09-05 9:59 pm By Miklos Bolza Sydney

The judge overseeing a group of class actions against car manufacturers over faulty Takata airbags has questioned a simplified group registration and opt out process proposed by the law firm leading the cases, saying it would “invite a moronic approach” to sign up.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Norwegian shipping company to plead guilty to criminal cartel charge
Clayton Utz 2019-08-29 11:10 am By Miklos Bolza Sydney

One month after Japanese shipping company K-Line was hit with a $34.5 million fine for cartel conduct, Norwegian shipping firm Wallenius Wilhelmsen Ocean AS has said it will plead guilty to one charge of criminal cartel conduct for its role in the same scheme.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?