A class action of bond holders accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a capital raising wants a contentious indemnity clause in the airline’s DOCA narrowed, in proceedings a judge has said “increasingly resemble a farce”.
The Federal Court’s recently retired top judge has landed on his feet with his appointment by the court as referee to determine which of a group of competing firms should dole out a $300 million settlement that resolved the J&J pelvic mesh class actions.
A judge who eviscerated a prior bid by a law firm and funder to take home 60 per cent of a $5 million class action settlement with Tyro has allowed them to net half of the proceeds, questioning whether some of the costs amounted to a “complete breach” of legal professional duties.
The judge overseeing a class action against Qoin cryptocurrency issuer BPS Financial and several related companies has questioned the level of precision required of the pleadings, as the company fights the applicant’s bid to amend its case for the fourth time.
A third law firm has launched class actions against Hyundai and Kia, setting the stage for a courtroom battle to determine which team of solicitors can bring cases over alleged defective engines against the Korean car makers.
A judge overseeing a class action by family members and deceased estates of the Northern Territory Stolen Generations, which settled for $50.45 million, has said the case was a “positive example” of representative actions.
The last remaining class action against the Department of Defence over the use of alleged toxic firefighting foam at a military base in Jervis Bay has settled for $22 million, from which $5 million will be deducted for legal costs.
Class action firms and funders will set their sights on claims related to environmental, social and governance investing, says Clayton Utz’s new litigation partner Matthew Spain, but whether the game is worth the candle remains to be seen.
Online trading company CMC Markets has succeeded in accessing advice given to class action members who are seeking to recover 10 years’ worth of “significant” losses incurred while trading risky financial products on its mobile and web-based platforms.
As the spotlight on class action costs grows, litigation funders can expect increased judicial scrutiny of their attempts to pass on the cost of after-the-event insurance premiums to class action members.