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Two rulings Friday keeping alive the common fund order are a ringing endorsement by the courts of the important role that litigation funders play in class actions, experts say, and have paved the way for more funded post-Hayne consumer litigation against banks and other financial services firms this year.
Judgments in two appeals challenging the legality of common fund orders issued by courts in class actions will be handed down this week, and the rulings could have a profound effect on how class actions are run by lawyers and their funders in the future.
Class action experts have come to the defence of boutique law firm Phi Finney McDonald as heavyweight Maurice Blackburn appeals a judge's ruling to choose the "less experienced" firm to lead a shareholder class action against BHP Billiton.
An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don't fall foul of the 'vibe of the thing'.
Lawyerly spoke to ten class action experts on the release of the Australian Law Reform Commission’s highly anticipated report into the class action regime. While many of the ALRC’s proposals were expected -- and welcomed as sensible -- others were greeted with concern and skepticism. Here, we look at the most controversial of the 24 recommendations.
A lingering dispute with the tax office remains, but the distribution of the record $795 million Black Saturday class actions settlement is substantially complete, according to a report out this week, and the proceedings, by the measure of at least one expert, show why the class action system in Australia is working.
The court's authority to shut down competing class actions is no longer in doubt after Tuesday's Full Federal Court judgment in the case against GetSwift, and while there is no "silver bullet" when it comes to how judges must deal with multiple proceedings, there are key factors to weigh, the appeals court said. Here, experts provide the big takeaways from the landmark ruling.
The decision by a federal judge to refuse calls for a confidentiality order keeping under wraps S&P Global's massive class action settlement is a welcome one, experts say, and a preview of judgments to come.
Three senior Federal Court judges will hear arguments Monday and Tuesday in a closely-watched appeal of a ruling that stayed two of three competing shareholder class actions against GetSwift as an abuse of process, and the impact of the Full Court's ruling will be felt for a long time to come. Here are five major issues the court will be wrestling with over the next two days.
Unlockd’s case against Google is the first action in Australia to test a revamped law prohibiting misuse of market power, and one of the first private cases in the world to challenge Google's dominance in court. For both sides, the stakes couldn't be higher.