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That a first filed case should be the presumptive winner in a competition between class actions seemed a losing argument before the High Court on Tuesday as the justices weighed a challenge to a ruling picking one among a group of class actions against AMP, but the court also appeared skeptical of the power to hold wide ranging inquiries into the merits of competing cases.
The eyes of class action lawyers will be on the High Court Tuesday as it hears arguments over a judge's power to choose a single class action among competing proceedings and what, if anything, should be made of a case's funding structure and likely returns to group members when picking a winner.
The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court's decision in a parallel case.
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.
A court has given the green light for opt out and registration notices to be sent to group members in a shareholder class action against AMP, despite objections by the lead plaintiff in a competing class action.
Mining giant BHP has been given the green light to bring allegations of fraud against competitor Cherwell Creek Coal in a long running dispute over mining rights.
The High Court has awarded $27 million in unpaid commissions to a Nigerian entrepreneur tricked into terminating his contract with international bank note manufacturer Securency, reversing a Full Court judgment which slashed his award.
The competition regulator wants the High Court to hear its challenge to Pacific National's $205 million acquisition of Aurizon's Acacia Ridge Terminal in Queensland, saying the deal would entrench the rail freight carrier's near monopoly on the east coast of Australia.
An appeals court has vacated orders sending opt out and registration notices to shareholders in a class action against AMP after a successful challenge by the lead plaintiff in a competing class action that was stayed after a high-profile litigation beauty parade last year.
A court has dismissed a "harsh and draconian" class closure order sought by German cladding manufacturer 3A Composites in a class action against it over allegedly combustible cladding.