Counsel for Worley in a nine-year-old shareholder class action that is set for another Full Court appeal has foreshadowed a possible recusal application against the judges who heard the first appeal.
BHP wants to appeal a decision giving a class action the OK to fix what a judge accepted was an “inadvertent mistake” that resulted in a ruling — itself the subject of an appeal — which limited the group member definition.
The judge overseeing a six-year-old class action against BHP over the collapse of a Brazilian dam has allowed the applicant to retroactively amend the group definition, accepting that a pleading mistake was contrary to the intended class membership in the case.
The judge overseeing a consumer class action against wealth manager Colonial First State Investments has given the green light to a $100 million settlement, but questioned a $23.1 million cut to funder Augusta under a “strange” funding agreement.
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”.
Optus has lost its appeal of a decision that found the telco could not claim legal professional privilege over a Deloitte report into a major data breach, with an appeals court highlighting the lack of evidence from former CEO Kelly Bayer Rosmarin.
While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firm’s experience in a similar case against Toyota, an appeals court has said in its reasons.
A judge has granted leave to law firm Levitt Robinson to challenge a ruling cutting $1.14 million of its fees from a settled class action against retirement home operator Aveo, finding the appeal was sufficiently arguable.
Seeking leave to challenge a decision that shaved $1.14 million from its costs in running a class action against Aveo, Levitt Robinson has argued the firm would have enjoyed a right of appeal if it had been joined to the case as it ought to have been.
A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case.