The International Legal Finance Association has slammed the Morrison government’s proposed class action reforms, saying Australians were “systematically being stripped of their ability” to obtain relief through class actions by a “wish list of procedural hurdles” that would make the lawsuits unviable.
Class action reforms proposed last week by the Morrison government would lead to the “rapid abandonment” of open class actions by law firms and litigation funders, two leading barristers have argued.
Individuals challenging public health orders mandating COVID-19 vaccinations for certain workers in New South Wales have told a court “the line was crossed” when the state government threatened their livelihoods.
Law firms have railed against proposed legislation to ensure group members receive 70 per cent of any recoveries from class actions, saying the reforms were designed to “cripple” group proceedings.
The Morrison government has released draft legislation claimed to “promote a fair and reasonable distribution of class action proceeds” that includes a proposed 30 per cent cap on the amount funders and lawyers can recoup.
Legal challenges to the New South Wales Health Minister’s orders mandating COVID-19 vaccinations for certain workers have already entered a third wave and cannot all be heard together, a court has heard.
The NSW Environment Protection Authority must develop policies to protect the environment from the threat of climate change, a judge has found in a significant victory for climate advocates.
Reforms by the Morrison government passed earlier this month weakening continuous disclosure obligations will spur corporate defendants to engage in “expensive interlocutory warfare” to shut down class actions right off the bat, and plaintiffs lawyers are waiting to see how the courts interpret the new laws to determine these early strike-out fights.
The Australian Bar Association has criticised “flawed” methodology used to analyse the competency of judges, weighing in on controversy over the Australian Law Reform Commission’s handling of a submission to its judicial impartiality inquiry.
The Australian Competition and Consumer Commission is investigating whether new legislation is needed to address the impact of dominant digital platforms such as Google and Apple, as the regulator’s overseas counterparts usher in bills aimed at cracking down on anticompetitive behaviour.