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Judge rejects first ever bid for contingency fees in class action
ANZ 2021-09-14 9:57 am By Christine Caulfield

Saying the interests of class action members “must be given primacy”, a judge has rejected the first bid for a group costs order in a class action since contingency fee legislation passed in Victoria.

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Judge says MIS regulation ‘doesn’t work’ with class action regime
Adam Hochroth 2021-09-13 11:23 pm By Cindy Cameronne

A Federal Court judge has taken a swipe at new regulations that require class action funding arrangements to be registered as managed investment schemes, saying it was difficult to reconcile the new rules with the class action regime.

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Hog’s Breath Cafe says franchisees behind class action ‘crying poor’ to avoid security
Class Actions 2021-09-10 10:16 pm By Bianca Hrovat

Franchisees of Hog’s Breath Cafe restaurant chain have been accused of “crying poor” by claiming COVID-19 robbed their restaurants of the cash flow required to pay security for costs in a class action launched against master franchisor HBCA.

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Carnival can’t exclude overseas passengers from Ruby Princess class action
Amy Reid 2021-09-10 11:53 am By Miklos Bolza

Cruise operator Carnival has lost its bid to exclude US and UK passengers from a class action over the 2020 Ruby Princess COVID-19 outbreak, with a judge finding the Federal Court was not a “clearly inappropriate forum” to hear the dispute.

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Class action members likely misled about cross-claims in BSA case, judge says
Class Actions 2021-09-09 11:41 pm By Christine Caulfield

A judge will allow workers in a sham contracting class action against technical services contractor BSA to rejoin the case after opting out, saying the company’s communications during the opt out period were capable of misleading “at least a significant proportion” of group members.

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Blue Sky privilege battle should be fought in class action, judge says
Class Actions 2021-09-09 4:26 pm By Cat Fredenburgh

A dispute over redactions in books and records produced by defunct fund manager Blue Sky to a prospective class action applicant should be hashed out within the class action, a judge has found.

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Myer takes Mark Elliott’s firm to court over $1.4M legal bill
Business of Law 2021-09-09 2:36 pm By Cat Fredenburgh

A firm created by solicitor Mark Elliott as a vehicle to launch shareholder class actions has been taken to court by Myer over an unpaid $1.4 million legal bill racked up in defending a class action that was thrown out as an abuse of process.

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VW class action applicant slugged with indemnity costs
Automotive 2021-09-08 2:14 pm By Miklos Bolza

The lead applicant in a class action against Volkswagen over defective Takata airbags has been hit with indemnity costs for his failed case after a NSW Supreme Court judge found that deficiencies in aspects of the case were “manifestly clear”.

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Seqwater wins appeal in Queensland floods class action
Appeals 2021-09-08 11:29 am By Christine Caulfield

Water supplier and dam operator Seqwater has won its high-stakes challenge to a ruling finding it liable for the 2011 Queensland floods and sticking it with half the damages owed to thousands of class action members.

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Insurer keeps up fight over doctor’s costs in breast implant class action
Appeals 2021-09-07 4:49 pm By Miklos Bolza

Avant Insurance has launched an appeal of a Federal Court judgment ordering it to cover the defence costs of a surgeon facing a class action by breast implant patients of defunct clinic the Cosmetic Institute.

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