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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.
Proportionality no basis to deny fees in $7M QRxPharma class action settlement, judge says
A judge has approved a $7 million settlement in a class action against the directors of pharmaceutical company QRxPharma, only a third of which will go to group members, saying proportionality was not a basis for rejecting fees that were otherwise fair and reasonable.
Funder will take loss in $7M QRxPharma class action settlement
The funder backing a shareholder class action against the directors of pharmaceutical firm QRxPharma will not seek to profit from a $7 million settlement in order to bring about a better return for group members, a judge has been told.
Common fund orders under attack again in Takata airbags class action
Common fund orders are again under scrutiny in a class action which was at the centre of the High Court’s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.
‘Horrendous class action journey’: BoQ case should be focus of inquiry, group members say
Elderly victims of Ponzi schemer Bradley Sherwin have told the government's class action inquiry of their "horrendous class action journey", which led to a "pathetic outcome" in which the majority of a $12 million settlement with the Bank of Queensland went to the law firm and funder behind the case.
Judge appoints referee to look at Halifax liquidators’ fees
A referee has been appointed to examine the fees for the liquidators of stockbroker Halifax Investment Services, which collapsed in December 2018, trapping around $200 million in client funds.
Car makers won’t take class closure fight to High Court
Seven car makers defending class actions over defective Takata airbags have confirmed they will not be challenging a landmark decision that set aside a pre-settlement class closure order in the cases.
Halifax liquidators’ decision to not realise investments gets court backing
The liquidators of defunct stockbroker Halifax are justified in their decision to refrain from realising existing investments over the protests of some investors, until substantive issues in the liquidation are resolved, a court has directed.
Landmark ruling nixing class closure orders likely to reach High Court
A ruling Wednesday that struck down class closure orders -- a device used by judges in class actions for the past two decades -- has split the courts in Australia and is expected to head to the High Court.
Courts don’t have power to make class closure orders, appeals court says
An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.