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A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.
The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.
The judge overseeing a settled class action against Murray Goulburn, which earned millions of dollars for the same legal team accused of serious misconduct in the running of the Banksia class action, invited the parties last month to reopen the case, concerned he had been misled when approving the lawyers' costs.
The Full Federal Court will weigh in on whether common fund orders can be made at settlement in two class actions against 7-Eleven, with a hearing scheduled for the same day the NSW Court of Appeal will hear arguments on the unresolved issue.
The need to properly prepare a large commercial class action is not reason enough to relieve lawyers of COVID-19 restrictions aimed at protecting the health and safety of Victorians, the Federal Court's chief judge has said in explaining why he denied a bid by the Melbourne-based legal team behind the Crown Resorts class action to have the case declared a priority.
A judge has denied a request to grant priority status to a shareholder class action against Crown Resorts that would have allowed the Melbourne-based legal team running the case to access childcare and leave their homes for work while the state of Victoria remains in lockdown.
Describing as "preposterous" the prospect of running a six-week trial in a class action against Crown Resorts from her kitchen table with three children at home, the Melbourne-based barrister for the lead applicant is again urging the Federal Court to declare the case a priority matter.
A judge has signed off on a settlement that releases ANZ from two class actions by 7-Eleven franchisees that alleged the bank engaged in unconscionable conduct and breached responsible lending laws by providing loans to purchase outlets of the convenience store giant.
A litigation funder's average rate of return on its investment in shareholder class actions was one of a number of factors weighed by a judge in approving a 25 per cent funding cut from the $42 million settlement in a class action against dairy cooperative Murray Goulburn.
A judge has signed off on a $37.5 million Murray Goulburn class action settlement but slashed $2 million in legal costs sought by Mark Elliott's law firm, which is running the case.