Three years on from their debut, group costs orders — which entitle law firms to a percentage of any recovery in class actions — have raised a host of novel issues that are keeping lawyers and the court busy.
Toyota has denied allegations it fitted up to 500,000 diesel vehicles with engine devices designed to scam emissions tests, in a class action that could be “one of the biggest” in Australian history.
A judge overseeing a shareholder class action against Insurance Australia Group says more evidence is needed to back the applicant’s bid for an order giving lawyers 30 per cent of any recoveries.
Westpac, Macquarie and ANZ are seeking class closure orders ahead of mediation in three class actions over flexible commissions schemes, telling a court hearing they will be “completely at sea” without a better idea of the class size.
A law firm has won its second bid for a group costs order in three class actions against banks over flexible commission schemes after a judge in 2021 rejected what was then the first-ever application for a contingency fee.
Maurice Blackburn has had a second crack at a group costs order in three class actions against banks over alleged flexible commission schemes after a judge in 2021 rejected what was then the first-ever application for a contingency fee.
A judge has referred to an appeals court the question of whether a group costs order can “travel”, as KPMG continues to push to transfer a shareholder class action over the collapse of mining company Arrium to New South Wales.
A judge has dismissed Uber’s application to trim down a class action brought by taxi and hire car drivers in four states over the introduction of UberX, finding that cutting claims related to the hire care driver group would cause “real prejudice”.
A former Nuix director has made a bid to stay a shareholder class action, which accuses the software company of failing to alert the market to red flags in the business, pending the outcome of separate proceedings by ASIC.
Group members in a class action against Fonterra are set to reap about $13 million from a $25 million settlement reached with the dairy company, following deductions including the costs of the litigation funder’s after-the-event insurance.