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Litigation funders slugged with cost of jurisdictional battle over AMP class actions
A state judge has ordered the litigation funders behind a group of federal class actions against AMP to pay the legal costs of their failed transfer applications, saying while he could not make the applicants pay, he could compel the funders to cough up the money.
Lawyers, funders brace for landmark common fund ruling this week
Judgments in two appeals challenging the legality of common fund orders issued by courts in class actions will be handed down this week, and the rulings could have a profound effect on how class actions are run by lawyers and their funders in the future.
Foxtel, Optus contractor faces possible class action over ‘sham’ contracts with technicians
Foxtel and Optus contractor BSA may be hit with a class action on behalf of telecommunications technicians allegedly engaged as independent contractors so the company could avoid paying them certain entitlements.
Draft expert reports fair game in $100M Gladstone Ports class action
Gladstone Ports has won access to draft expert reports prepared by Clyde & Co in its $100 million class action against the Queensland government owned organisation, with a judge ruling the documents were not privileged despite their not being used in the case.
Common fund orders fulfil class action promise, lawyers tell historic appeals court
Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.
Ethicon loses bid for class closure order in pelvic mesh case
The judge overseeing a class action against Ethicon over allegedly faulty pelvic mesh implants has shot down the device maker's bid for a class closure order.
Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.
It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don't fall foul of the 'vibe of the thing'.
Class fights to use settlement evidence in Ethicon pelvic mesh case
A class action against Ethicon over allegedly faulty pelvic mesh implants wants introduce confidential evidence from prior settlement negotiations as it attempts to shut down the medical device maker's class closure application.
Top 10 class action settlements of 2018
From a record-setting funder’s cut to the first call for ‘“proportionality”, last year saw a number of groundbreaking judgments approving class action settlements worth more than half a billion dollars. Here are the 10 biggest settlements of 2018, and the law firms and funders that negotiated them.