Three decades on from its rocky beginnings, when representatives of the coalition opposition decried the Part IVA bill as a “monstrosity” and as “looney”, “half baked” and “wrong” during parliamentary debates, the class action procedure and its legitimacy and efficacy have come to gain acceptance across the spectrum of practitioners and among the judiciary, says Maurice Blackburn’s Julian Schimmel.
ANZ has hit back at claims in a class action that it slugged retrospective interest on credit card accounts and that its interest terms were not explicit, arguing the term ‘retrospective’ is liable to “confuse” the issues to be decided by the court.
Over the last 30 years, the class action regimes have undoubtedly improved access to justice, helped to resolve disputes more efficiently, and reduced the costs of litigation. While the current spotlight on the role of litigation funding and returns to group members is warranted, other aspects of the regimes are ripe for reform, say Clayton Utz partners Greg Williams, Andrew Morrison, Alexandra Rose and senior associate Will Atfield.
Mitsubishi has denied class action allegations that it made misleading fuel efficiency representations on labels affixed to the windshields of over 70,000 Triton Utes, and says it can’t be sued under the Australian Consumer Law because the labels were required by law.
A judge will approve a $28 million settlement resolving a class action against Arnold Bloch Leibler over advice the law firm gave to Slater & Gordon ahead of a disastrous acquisition. A 28 per cent commission for the case’s funder will also get the court’s nod.
Lawyers behind a scheme to defraud members of a class action over the collapse of Banksia Securities have offered $10.6 million to resolve a case that has put them on the hook for at least double that sum.
Settlement talks in a class action brought by Shine Lawyers against Astora Women’s Health on behalf of women injured by allegedly defective pelvic mesh products are “well advanced”, while mediation in two similar actions is ongoing, a court has heard.
A law firm that ran two class actions over the St Patrick’s Day bushfires has lost a bid to have group members foot the bill for $50,000 in adverse costs, with a judge saying there was “no basis” for the request.
The Northern Territory government has hit back at a class action over allegedly underresourced and discriminatory healthcare services in the Indigenous community of Wadeye, saying it cannot be sued over its funding decisions.
Another fight over privilege may be on the cards in a shareholder class action over the collapse of the Hastie Group, with Deloitte flagging its partners may claim privilege over certain parts of the accounting giant’s evidence.