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Common fund orders in class actions dealt fatal blow by High Court
Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.
All eyes on High Court as ruling on common fund orders looms
The High Court is poised this week to issue its judgment in a case challenging the validity of common fund orders in class actions, a ruling that could see litigation funding commission rates creep back up after hitting record lows.
Future personal injury claims may be barred in PFAS class actions, court warns
A Federal Court judge has expressed concerns about whether group members in three class actions against the Commonwealth over allegedly toxic firefighting foam will be blocked from pursuing personal injury claims related to the chemical.
Judge frowns on ‘moronic approach’ to group member sign-up in Takata class actions
The judge overseeing a group of class actions against car manufacturers over faulty Takata airbags has questioned a simplified group registration and opt out process proposed by the law firm leading the cases, saying it would "invite a moronic approach" to sign up.
Norwegian shipping company to plead guilty to criminal cartel charge
One month after Japanese shipping company K-Line was hit with a $34.5 million fine for cartel conduct, Norwegian shipping firm Wallenius Wilhelmsen Ocean AS has said it will plead guilty to one charge of criminal cartel conduct for its role in the same scheme.
Judge promises no ‘mystery tour’ in Takata air bags class actions
The judge overseeing seven class actions against car makers over defective Takata airbags has shot down the applicants' opposition to a soft class closure order in advance of mediation, saying the cases would not be a "mystery tour" from here on out.
Copyright Tribunal overstepped with amended Foxtel licence, says Full Court
The Copyright Tribunal erred by including rights in a reissued Foxtel licence agreement that fell outside the authority of the licence grant holder, the Phonographic Performance Company of Australia, the Full Federal Court has found.
Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.
Westpac life insurance class action stayed pending landmark appeal
A class action against Westpac over allegedly excessive insurance premiums has been put on ice after funder JustKapital filed an application to stay the case in the wake of the bank's appeal challenging the court's power to make a common fund order.