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That a first filed case should be the presumptive winner in a competition between class actions seemed a losing argument before the High Court on Tuesday as the justices weighed a challenge to a ruling picking one among a group of class actions against AMP, but the court also appeared skeptical of the power to hold wide ranging inquiries into the merits of competing cases.
One Nation leader and senator Pauline Hanson will seek amendments to the government's proposed class action reforms by permitting third party litigation funders to bring claims without a financial services licence if they can guarantee that at least 70 per cent of returns will go to group members.
A contractual dispute between a litigation funder and the lead applicant in a class action against S&P will not prevent the class action from progressing, with both parties giving undertakings to preserve the status quo while the feud remains on foot.
A judge has expressed doubts that every group member in the Robodebt class action is vulnerable, as the parties gear up for two-week trial in the high-profile case over the unlawful debt recovery method that begins Monday.
Will we see an increase in class actions and funded litigation following the COVID-19 financial crisis similar to that following the global financial crisis? If there is an onslaught of corporate failures, including failed managed investment schemes, then such litigation seems likely to ensue. However, in the last year, Parliament and the courts have taken steps which might slow such litigious activity, says Susan Goodman of Holding Redlich.
The funder that backed a class action against McMillan Shakespeare over 'illusory' car warranties, which settled for less than 20 per cent of the $47.6 million claim value, will seek court approval for a 30 per cent cut of the $9.5 million settlement.
The Federal Government has critised as "hopelessly defective" a lawsuit alleging it failed to disclose the impacts of climate change to investors in sovereign bonds, and the judge overseeing the matter has also raised concerns about the case.
The eyes of class action lawyers will be on the High Court Tuesday as it hears arguments over a judge's power to choose a single class action among competing proceedings and what, if anything, should be made of a case's funding structure and likely returns to group members when picking a winner.
The lead applicant in a $47.6 million class action against McMillan Shakespeare over 'illusory' car warranties will seek court approval for a $9.5 million settlement, less than 20 per cent of the claim value.
A nursing home in Melbourne's Western suburbs may be hit with a class action over a COVID-19 outbreak at the facility that resulted in the deaths of 11 residents.