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What’s unjust about them? Full Court appears open to contingency fees for class action lawyers
Class Actions 2024-05-28 11:53 pm By Cindy Cameronne

Hearing arguments Tuesday on whether lawyers should be permitted to earn contingency fees in Federal Court class actions, judges on a Full Court bench appeared to lean in favour of allowing so-called solicitors’ common fund orders, rejecting claims they are “unjust”. 

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Full Court awards $24.5M commission to 7-Eleven class action funder
Appeals 2024-05-02 3:33 pm By Sam Matthews

The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.

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Nature’s Care majority shareholders to foot the bill for fight with founding family
Corporate 2024-04-15 11:33 pm By Sam Matthews

The majority shareholders of vitamin giant Nature’s Care have been hit with the costs of the company’s failed bid for an injunction against its founding family, after a judge found the shareholders appear to have caused proceedings to be commenced as part of a strategy to “override the rights” of the family. 

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7-Eleven class action funder’s $12M cut seemed ‘plainly too little’, says appeals judge
Appeals 2024-02-23 4:21 pm By Cindy Cameronne

A judge hearing an appeal by a funder over its cut of a $98 million settlement in franchisee class actions against 7-Eleven has said the $12 million commission was “plainly too little”, and questioned if the class action judge had been “stuck” on the idea that common fund orders are bad. 

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Solicitors’ CFO question in Blue Sky class action sent to Full Court
Class Actions 2023-11-29 11:38 pm By Christine Caulfield

Weeks after giving the thumbs up to common fund orders at settlement, the Full Federal Court has been asked to decide whether judges have power to order payment of a commission to class action solicitors — not just funders.

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7-Eleven class action judge OKs $2.25M in costs of settlement approval argument
Class Actions 2023-05-11 3:04 pm By Cindy Cameronne

A judge overseeing two 7-Eleven class actions has signed off on $2.25 million in costs incurred by the funder and lawyers in their pitched battle to win approval for the terms of a $98 million settlement, which included deductions of more than $44 million to cover commission and fees.

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7-Eleven class action funder to appeal denial of CFO
Class Actions 2023-03-06 4:52 pm By Sam Matthews

A judge has approved a $12 million payment to the funder of two franchisee class actions against 7-Eleven, even as the funder plans to appeal a decision rejecting its bid for a common fund order for a $24.5 million commission.

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7-Eleven class action judge says CFOs never available, slashes funder’s payout
7-Eleven 2023-02-14 10:30 am By Cindy Cameronne

The High Court killed off all common fund orders, not just the kind sought at the start of a class action, a judge has said as he cut in half the payout for a litigation funder bankrolling two franchisee class actions against 7-Eleven.

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Law firm’s $16.6M payday OK’d over 7-Eleven class action contradictor’s protests
Class Actions 2023-02-14 11:55 pm By Cindy Cameronne

A judge has blessed a law firm’s $16.6 million legal bill for running two franchisee class actions against 7-Eleven despite a contradictor’s argument that it had a “troubling” practice of deferring its fees to benefit the funder that bankrolled the cases. 

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Forum Finance judge recuses himself after questioning director’s credibility
Legal Ethics 2022-08-19 9:51 pm By Cindy Cameronne

A Federal Court judge has recused himself from hearing a fraud trial against Forum Finance, after expressing that he had an “unfavourable” impression of director Vince Tesoriero’s reliability as a witness.

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