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Icon wins dispute with insurers over Opal Tower coverage
Insurance 2020-10-20 5:20 pm By Miklos Bolza

Construction firm Icon Co has won a coverage dispute with its insurers over $31 million in losses stemming from Sydney’s ill-fated Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

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.

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Murray Goulburn class action judge considered revisiting case in light of Banksia scandal
Class Actions 2020-09-29 11:56 pm By Christine Caulfield

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.

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Judge won’t let Toyota ‘inject lawyers’ into class action referee process
Class Actions 2020-08-14 9:50 pm By Christine Caulfield

A judge has rejected a bid by car giant Toyota to provide unsolicited submissions to a court-appointed referee tasked with determining technical questions in the case, saying the application was the first he’d ever seen in 30 years.

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Law firm hit with indemnity costs for opt out error in Toyota class action
Class Actions 2020-08-11 10:32 pm By Miklos Bolza

An error in an opt out notice sent to motorists eligible to sign up for a class action over allegedly defective diesel filters in Toyota vehicles has left a class action law firm on the hook for indemnity costs to cover a new notice to group members.

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Opal Tower apartment owners file lawsuit against NSW Government
Construction 2020-06-29 11:00 pm By Cat Fredenburgh

Owners of units in Sydney’s Opal Tower have filed a lawsuit against the NSW Government and builder Icon after allegedly discovering more than 500 additional defects in the troubled building.

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Judge spends Sunday drafting orders after ‘highly unsatisfactory’ conduct in Toyota class action
Class Actions 2020-06-22 10:39 am By Alison Eveleigh

A judge has criticised the parties for failing to comply with orders made in a class action against Toyota over allegedly defective filters in the car giant’s diesel models, and spent half his weekend preparing new orders for both sides.

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Aurora Funds loses challenge to ruling over soured Molopo Energy takeover
Corporate 2020-04-21 12:56 pm By Christine Caulfield

A court has upheld two decisions by the Australian Government Takeovers Panel that a bid by asset manager Aurora Funds Management to replace Molopo Energy’s directors was made in “unacceptable circumstances”.

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Class can’t access insurance docs in action over ‘illusory’ car warranties
Class Actions 2020-04-14 5:23 pm By Miklos Bolza

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Mark Elliott’s firm has fees cut by ’embarrassing’ $2M as Murray Goulburn settlement approved
Class Actions 2020-04-07 4:42 pm By Miklos Bolza

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.

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