The question of whether judges have the power to hear employment cases as representative proceedings is headed to the Full Court after a union raised the issue as it battles to have its underpayments case against McDonald’s run instead of a Shine Lawyers class action.
Two judges on the Full Court bench hearing arguments over power to make common fund orders when approving class action settlements appeared to tip their hand on Monday, chipping away at a High Court judgment that has sowed deep division.
The divisive issue of whether judges are empowered to make a common fund order to distribute the costs of a funding commission at the settlement stage of a class action is headed back to the Full Federal Court next week.
A judge has approved a $450,000 penalty against Australian Mines in ASIC proceedings brought after its managing director was allegedly caught lying at an investment conference about the value of an offtake agreement and funding for a project at its cobalt and nickel mine in Queensland.
A judge has dismissed a class action brought by a pensioner against the Department of Social Services over its real estate asset testing for pensions, citing his lack of legal representation.
The Western Australian government has won its bid to strike out a class action that seeks damages for alleged discrimination against First Nations Australians detained for unpaid fines.
A law firm has filed a class action against Wilson Security on behalf of employees who claim to have been underpaid, just weeks after a court shut down a group proceeding against the company brought by a self-represented worker.
Despite objections from numerous group members, a judge has tossed an underpayments class action brought by a self-represented applicant against Wilson Security, ruling that class actions should not be run without lawyers.
A judge has tossed a class action brought by a self-represented applicant against Wilson Security, saying class actions should not be run without lawyers.
While mostly prevailing in test cases over coverage for COVID-19 business interruption claims, Insurance Australia Group has asked the High Court to weigh in on what it says is a “radical” approach by an appeals court in the treatment of JobKeeper payments.