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A judge has granted the first-ever application to vary a contingency fee in a class action that has yet to reach settlement or judgment, but has warned his decision doesn't set a precedent for “routine variation” of group costs orders.
The law firm running a no win, no fee class action against ANZ and superannuation trustee OnePath has defended a $1.7 million cut from a $50 million settlement to cover an after-the-event insurance policy.
The law firm running a class action against Origin Energy has argued the case is “financially unviable” if it is stuck with a 30 per cent contingency fee ordered by the court, in the first-ever application to vary a group costs order.
The firm wants a bigger slice of any recovery in its case against Paladin Energy, but its clearer funding arrangement and realistic litigation budget give it the edge over a rival class action outfit, a judge has found.
A contest to run a class action against Paladin Energy played out Monday, with two law firms each positioning themselves as the better bet, one for their funding and resources, the other for their contingency fee rate.