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The Full Federal Court has answered a question vexing the court for the past four years, ruling that class action judges have the power to make common fund orders at settlement that allow litigation funders to reap a percentage commission beyond their contractual entitlement.
The Full Federal Court's finding that the High Court did not extinguish the power of judges to make common fund orders on approval of class action settlements is the latest milestone in the evolution of Australian class action jurisprudence, experts say.
A judge has declined a union’s bid to throw out an employee class action against McDonald’s after the Full Federal Court confirmed that employee class actions are not precluded by the Fair Work Act.
With bated breath class action litigators and funders have waited for this day, when the Full Federal Court decides the question of power to make common fund orders at settlement. They aren't the final arbiters, but the judges' ruling may be no less important for that.
Two law firms that were able to "work cooperatively" to join their cases have been awarded carriage of a shareholder class action against mining firm Downer EDI. The judge overseeing the proceedings also approved a group costs order application that proposed a "reasonable rate" of return to the firms.
The field of competitors in a four-way contest to run a shareholder class action against Downer EDI over a $40 million profit overstatement has narrowed with the consolidation of three cases, leaving one firm to face criticism over its comparative inexperience running group proceedings.
A judge has directed a class action on behalf of 1,000 patients of Sydney-based plastic surgeon Daniel Lanzer and four of his associates to have another go at articulating claims that Lanzer’s clinic should be liable for allegedly ‘horrific’ complications.
Independent Monique Ryan's ex-chief of staff Sally Rugg has reportedly settled her Fair Work case against her former employer and the Commonwealth for $100,000, in what was billed as a test case for determining reasonable overtime.
Prime minister Anthony Albanese breached workplace law by cutting the number of staff allocated to cross-benchers from four to one, according to new court documents in a lawsuit by Independent Monique Ryan's chief of staff.
The question of whether judges have the power to hear employment cases as representative proceedings is headed to the Full Court after a union raised the issue as it battles to have its underpayments case against McDonald's run instead of a Shine Lawyers class action.