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Two months after rejecting the deal because the litigation funder's cut appeared excessive, a judge has approved a $42 million class action settlement with Murray Goulburn while the funder keeps up the fight over its commission.
Whether judges can alter the terms of litigation funding agreements in class actions is a question that will remain unsettled for now, after litigation funder IMF Bentham chose to sidestep a lengthy, costly and risky challenge to the reach of the court's powers.
The Federal Court has rejected an "unusual" confidentiality regime proposed by Domino's Pizza Enterprises which would have resulted in restricted access to discovered documents for the funder backing the class action against the global fast food giant.
Murray Goulburn has agreed to pay $37.5 million to resolve the second of two shareholder class actions over its 2016 profit forecasts, as the $42 million settlement of the first class action is held up over questions about the litigation funder's commission.
A judge's decision refusing to approve a $42 million settlement in a shareholder class action against Murray Goulburn because of a "too high" funder's commission has set the stage for a showdown over the power of courts to alter funding agreements, a battle potentially more consequential than the fight over common fund orders now before the High Court.
A judge has refused to sign off on a $42 million settlement of a class action against dairy giant Murray Goulburn, saying the commission sought by the funder appeared out of proportion to the risk and above the going rate.
Two units of global insurer Lloyd's have launched a constitutional challenge to a Federal Court order requiring accounting firm Pitcher Partners to hand over certain insurance documents in two shareholder class actions.
Rival law firms Maurice Blackburn and Phi Finney McDonald will be allowed to work together without consolidating their separate shareholder class actions against the Commonwealth Bank of Australia, after a judge ruled that the bank had overstated the potential for extra costs and delays.