Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.
Two class actions on behalf of 7-Eleven franchisees plan to expand their case against the convenience store chain by adding new allegations of systemic unconscionable conduct.
The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…
The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.
A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.
The Full Federal Court will weigh in on whether common fund orders can be made at settlement in two class actions against 7-Eleven, with a hearing scheduled for the same day the NSW Court of Appeal will hear arguments on the unresolved issue.
A judge has signed off on a settlement that releases ANZ from two class actions by 7-Eleven franchisees that alleged the bank engaged in unconscionable conduct and breached responsible lending laws by providing loans to purchase outlets of the convenience store giant.
A judge has ordered two class actions brought against 7-Eleven on behalf of franchisees to pay $3 million in security for costs as trial in the cases gets pushed to August next year.
The parties in two class actions against 7-Eleven brought on behalf of franchisees have agreed to delay an upcoming hearing by ten months, due to challenges with discovery, evidence and witness statements resulting from coronavirus-related restrictions.
The lead applicants in two class actions against 7-Eleven are considering bringing a contempt of court motion against the convenience store giant after the Full Federal Court derailed their challenge to prior orders allowing the company to seek litigation releases from franchisees.