The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.
The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”.
Dental aligner maker Invisalign has won an appeal of a decision rejecting its case accusing SmileDirectClub of misleading consumers, but the appeals court noted that the prospect of a new trial was “remote” after its competitor went under.
Aussie Skips is fighting a court’s ruling that imposed a $3.5 million penalty against the waste company and sentenced its boss to an 18-month intensive corrections order, in a criminal cartel case that also implicated Bingo Industries.
A judge has sentenced the former CEO of Bingo Industries to two years’ imprisonment to be served in the community and imposed $30 million in penalties against the waste company for a cartel arrangement with rival Aussie Skips, which copped fines of $3.5 million and an 18 month’ intensive corrections order for its boss.
Companies and government entities paid out less to settle class actions in 2023 than in the previous two years, with no mega settlements hitting their pocketbooks.
EnergyAustralia has hit back at a lawsuit by Australian parents accusing it of misleading customers, saying it was “valid” to market its products involving a carbon offset scheme as ‘carbon neutral’.
A judge has approved a $41.45 million settlement in a pelvic mesh class action against manufacturers Covidien and TFS but has put off deciding on the costs of the firm that ran the case, saying it is “next to useless” when law firms appoint their own costs consultants.
Despite a judge’s complaint that class action costs are generally “out of control”, the law firm that secured a $192.5 million settlement and earned about $25 million in fees in the Montara oil spill case has won approval for more fees — these ones incurred in a hearing to determine how the settlement spoils should be divided.
A class action over pelvic mesh products supplied by device makers Covidien and TFS has reached a global resolution with the manufacturers and their insurers which brings the recovery total in settled mesh class action close to $450 million.