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Facing accusations of being a "litigation bounty hunter", litigation funder Augusta Ventures has made its bid before the Full Federal Court to overturn a landmark ruling which put it on the hook for $3.1 million in security in two Fair Work class actions.
The settlement arrangement resolving five class actions against Volkswagen, which carved out hefty legal fees from the $120 million payout to drivers, could become more prevalent as the spotlight is once again trained on the cost of class actions. But the approach is not without controversy, experts say.
A court has granted a request from Grosvenor Litigation Services, the funder that backed two class actions against Volkswagen over its emissions cheating scandal, to suppress the details of a co-funding agreement with Vannin Capital.
A judge has found that the High Court's landmark ruling last year blocking common fund orders in the early stages of a class action also barred them from being made at the conclusion of a proceeding, departing from several recent rulings on common fund orders.
After almost five years before the courts, a judge has approved an approximately $120 million settlement of five class actions against Volkswagen over the diesel emissions scandal, including a "very substantial" $43 million in fees and disbursements for one of the plaintiffs firms.
The Australian Competition and Consumer Commission maintains its $75 million settlement agreement with Volkswagen over the emissions cheating scandal was “appropriate”, as VW progresses its appeal of the $125 million penalty imposed by a judge who called the ACCC agreement “manifestly inadequate”.
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.
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.
After almost five years of litigation, a Federal Court judge said he will approve a $127.1 million settlement of five class actions against Volkswagen over the diesel emissions scandal, but appeared unwilling to sign off on a 25 per cent uplift in fees sought by one of the plaintiffs firms.
The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.