Although carefully reasoned, last week’s landmark judgment by the Full Federal Court finding power to grant contingency fees to class action solicitors has placed the question of statutory authority to award settlement common fund orders on more unsteady ground than before, experts say.
Group members in a class action against ANZ over credit card interest charges that settled for $57.5 million are expected to take home at least 60 per cent of the settlement sum after legal fees and a funder’s commission are deducted.
Lawyers are allowed to take a cut from a class action settlement or judgment under a so-called solicitors’ common fund order, the Full Federal Court has ruled, saying they are a permissive use of the court’s power.
The Federal Court is set to become a more attractive forum for class actions now that the Full Court has confirmed it has power to make orders granting solicitors a contingency fee from any settlement or judgment in a group proceeding.
Google has slammed Fortnite game maker Epic Games’ landmark competition case against it as “contrary to commercial reality”, saying its competition with rival tech giant Apple means it is no monopolist.
In a landmark competition case, Apple has told the Federal Court that Epic Games and other developers should not be allowed to “freeride” on the resources and user base the tech giant has “spent many billions” to develop.
Five years after it was first hit with a competition case by Dialogue Consulting, Meta has filed a cross-claim against the Melbourne social media company, alleging it collects and stores Instagram user login credentials and instructs clients to provide inaccurate information to the platform.
Epic Games has taken aim at Google for the “untruthful evidence” of its witnesses in the game maker’s competition case against the tech giant, as well as its failure to call senior executives to the stand to defend itself.
Video game maker Epic Games has attacked as “entirely contrived” the defence by Apple in closing submissions in a Federal Court trial of its landmark competition case, pointing to the tech giant’s lack of evidence, including from CEO Tim Cook.
A judge overseeing several cases against Optus over a September 2022 data breach has raised the possibility of hearing a class action against the telco alongside new proceedings brought by the Australian Communications and Media Authority.