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Amicus to argue against CFO in $138M IAG class action settlement
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.
Shine to get 2.1M documents from US pelvic mesh litigation
American Medical Systems will hand over around 2.1 million documents produced in long-running US multidistrict litigation to Shine Lawyers in its class action against the Boston Scientific unit over its allegedly defective pelvic mesh products.
Judge won’t hold separate hearing on survival of claim against late Banksia cost consultant
A judge overseeing the misconduct trial in the Banksia Securities class action has rejected a bid by a lawyer for the deceased cost consultant in the case to separately determine whether a cause of action survives his death.
Uber’s in-house lawyers must hand over emails in taxi driver class action
Rideshare giant Uber Technologies has lost a bid to keep its in-house legal team from handing over emails to a class action brought by Australian taxi drivers as well as the company behind the GoCatch taxi app.
Dam operators, Queensland face ‘very large’ costs in floods class action
Embattled dam operators Seqwater and Sunwater, along with the State of Queensland, have been hit with costs in a class action over the 2011 floods that destroyed 2,000 homes and claimed 12 lives.
Lawyer Alex Elliott ‘didn’t know any better’, Banksia class action trial hears
The son of Banksia class action funder Mark Elliott, who has been accused of complicity in a fraudulent scheme to maximise the profits of the lawyers in the case, was young and inexperienced and didn't know his father's conduct was wrong, his barrister has told a court.
Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court's decision in a parallel case.
Banksia funder Mark Elliott’s ‘practice’ of deleting emails doesn’t gel, court told
A routine practice by the funder behind the scandal-ridden Banksia class action of deleting emails, documented in a letter by his solicitors just days before his death, isn't consistent with the electronic record maintained in another class action in which he was involved, a court overseeing a trial in the case has heard.
Court approves one of the first video opt out notices in a class action
The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.