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The High Court has declined to hear a case that challenges the power of judges to make common fund orders at the close of litigation, a challenge the Federal Court had labelled "hypothetical".
The power to make common fund orders in class actions is a question before the High Court a second time, but the justices aren't likely to quell the conflict simmering in the courts below, at least until they have a concrete order before them.
Lawyerly is pleased to announce the winners of its inaugural Litigation Rising Stars competition, which honours 30 lawyers under the age of 40 for their work in high-stakes litigation.
The liquidator of restaurant chain Fogo Brazilia has been ordered to hand over communications with law firm Levitt Robinson as creditors seek to oust him from his role over alleged breaches of duty relating to a class action investigation.
HWL Ebsworth has been ordered to hand over file notes to a former client and whistleblower suing ANZ for unfair dismissal, with a judge rejecting the law firm's argument that the notes were created solely for the benefit of the junior solicitor taking them.
A judge has shot down what he called a "risky" but novel proposal by 7-Eleven for a pre-trial ruling on sample objections to the relevance of evidence in two franchise class actions.
A junior solicitor's meeting notes during an ASIC investigation of ANZ did not belong to her client despite the lawyer billing for her attendance at the meeting, law firm HWL Ebsworth has argued before a skeptical judge.
Courts have power to order oral discovery of potential witnesses ahead of trial, according to the judge overseeing two 7-Eleven class actions by franchisees, but the cases against the convenience store giant were not the occasion to exercise the power, he said.
A judge has ruled that a former ANZ trader who alleges he was fired after complaining about rate-rigging at the bank can amend his lawsuit after separate proceedings that accuse law firm HWL Ebsworth of withholding his client file are resolved, saying the HWL documents could contain a "golden nugget".
The lead plaintiffs in two class actions against 7-Eleven have appealed a decision rejecting the very first Federal Court application for oral discovery, which would have seen four former employees bound by confidentiality agreements give evidence.