Class actions throw up all manner of ethical conundrums, but a recent Federal Court decision has shined a light on the question of whether funders and law firms should take out loans to run class actions and whether they can charge the costs to group members.
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.
Uber and the applicants in class actions against the car service will head into mediation later this year, and only group members who sign up to join the cases will get a chance to share in the proceeds of any settlement that results from the talks.
Westpac, Macquarie and ANZ have won soft class closure orders ahead of mediation in three class actions over flexible commissions schemes after a judge found they will improve the chances of settlement. In a judgment handed down on Thursday, Victoria Supreme Court Justice Lisa Nichols ordered that group members have to formally register in the…
A junior doctor representing thousands of medical officers in NSW has thwarted an application by the state to declass her group proceeding, with a judge saying a “single determination” of the issues common to all group members was the most efficient way of resolving them.
A Sydney law firm running group proceedings against Hyundai and Kia over allegedly faulty anti-lock braking systems has joined forces with a NY-based class action firm that achieved a settlement worth up to $955 million against the car manufacturers in the US.
The applicants in competing class actions against Downer EDI have set out their proposals for the courts overseeing the cases, with two calling for orders staying the proceedings of their rivals, and another seeking consolidation.
Korean car makers Hyundai and Kia have filed their defences in class actions over alleged engine defects, arguing owners cannot bring claims if their vehicles were repaired and that they are not responsible for any faults said to be caused by their manufacturing partner.
Optus has denied class action claims that customers suffered loss and damages for its alleged negligence in relation to last year’s massive data breach and argues they are not entitled to compensation for distress, frustration or disappointment that does not amount to a recognised psychiatric illness.
Baby food maker Bellamy’s better have a good explanation for ditching settlement talks in a $400,000 sex discrimination lawsuit by former boss Tarsi Luo, a judge has warned.