Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.
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 second meeting of creditors of embattled cladding manufacturer Fairview Architectural has been pushed back to give administrators more time to work out what is in the best interests of creditors, after the lead applicant in a class action against the cladding manufacturer submitted a $5.8 million claim.
A judge has criticised a revised opt out notice in a class action against Suncorp over allegedly conflicted remuneration and again slammed the funder backing the case for sending a “disturbing” letter to group members contrived to achieve a commercial advantage.
Lawyers running a class action against recycling company Sims Metal Management say the court has power to approve their bid to amend the group member definition that will effectively close the class, but the judge overseeing the case will appoint a contradictor to represent group members in a hearing over the application.
A judge overseeing a class action against Suncorp over alleged conflicted remuneration has questioned a proposed opt out notice telling group members they should sign up with the funder backing the case or it might not proceed.
Cladding manufacturer Fairview Architectural has filed for voluntary administration, citing challenges posed by COVID-19 and $1.5 million spent so far defending a class action alleging it misrepresented the quality of its “highly flammable” cladding.
A court has dismissed a “harsh and draconian” class closure order sought by German cladding manufacturer 3A Composites in a class action against it over allegedly combustible cladding.
Essential Energy has lost its appeal of a ruling granting preliminary discovery for a potential class action over the 2018 Tathra bushfire in New South Wales.
German cladding manufacturer 3A Composites is pushing forward with a bid to close a class action over allegedly combustible cladding to registered group members, arguing that a recent appeals court decision does not bar class closure in this case.