Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.
A judge has found that a plan by last mile logistics software company GetSwift to relocate to Canada in the midst of ongoing civil litigation would not “disproportionately prejudice” ASIC, which is seeking penalties against the company.
A $50 million settlement has been reached in a long-running shareholder class action against defunct vocational training company Vocation that also spawned multiple cross-claims against the failed company’s auditor PricewaterhouseCoopers, law firm Johnson Winter & Slattery and individual directors.
A court has found that insurer Youi breached its duty of utmost good faith by taking two years to settle a home owner’s hail storm claim.
The prefab concrete specialist behind Sydney’s Opal Tower has lost a courtroom bid to have its insurer pay costs in advance incurred in defending cross-claims in two lawsuits over the ill-fated tower.
A Victoria Supreme Court judge hearing two competing class actions against Allianz Australia over “junk” insurance has asked the parties for feedback on what she should consider at a hearing on a request for a group costs order, which would allow the plaintiff lawyers to earn a cut of any settlement or judgment, the first such request made since Victoria legalised contingency fees.
A second class action has been filed against insurance giant Allianz seeking compensation for consumers alleged to have been ripped off by “worthless” add-on car insurance.
Notice of the discontinuance of a class action on behalf of Slater & Gordon shareholders against Pitcher Partners need not be sent to all group members, a judge has ruled, acknowledging there would be “significant practical difficulties” with trying to reach everyone.
An amicus curiae will be appointed by the court to argue against a common fund order application by the funder backing a class action against two Insurance Australia Group subsidiaries, after the insurance giant agreed to a $138 million settlement last month.
The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…