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A judge has shot down a bid to add a negligence claim to a class action on behalf of Queensland motorists over allegedly excessive toll charges, finding allegations the government owed a duty of care were likely to be struck out.
Construction PRO
A judge has shot down a bid to add a negligence claim to a class action on behalf of Queensland motorists over allegedly excessive toll charges, finding allegations the government owed a duty of care were likely to be struck out.
Despite its loss in a class action against Queensland power companies, which has put it on the hook for $32 million in costs, funder LCM has avoided calls for cash security in a representative proceeding over toll road charges.
ASIC has lost its case alleging software company Nuix failed to publish corrective disclosures that contradicted the growth story presented to the market in a prospectus for its $1.8 billion float on the ASX.
The shareholder leading a class action against failed fund manager Blue Sky Alternative Investments has lost a bid for a split trial it accepted was novel, despite arguing the usual course for trials in securities cases was "misconceived".
A judge has expressed worries that a class action against EY and collapsed Blue Sky Alternative Investments is “drifting” amid concerns from the defendants about "indulgent" discovery and potentially “significant” pleading changes.
As the High Court hears oral arguments this week on the reach of power to make common fund orders for firms and funders bringing class actions, Lawyerly gives a cheat sheet on what the justices could do.
Two High Court cases weighing key issues for class action practitioners will likely push the trial in a shareholder proceeding against the collapsed Blue Sky Alternative Investments and auditor EY to early 2026.
The High Court has agreed to rule on whether common fund orders can ever be made in class actions, including so-called solicitors' common fund orders allowing lawyers to earn a cut of any settlement.
If it takes up the Federal Court's ruling in favour of solicitors seeking to earn a cut from a class action, the High Court will be asked to overrule its 2019 decision against common fund orders.