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Judges have the power to issue common fund orders, appeals courts rule
Allens 2019-03-01 8:59 pm By Miklos Bolza Sydney
Common fund orders in class actions are legal and not unconstitutional, six judges found Friday after a history-making joint sitting of two appeals courts.
Common fund orders fulfil class action promise, lawyers tell historic appeals court
Allens 2019-02-05 10:50 pm By Miklos Bolza Sydney
Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.
Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
Alec Leopold 2019-02-04 8:39 pm By Miklos Bolza Sydney
An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.