Lawyers pursuing a class action against Scenic Tours on behalf of passengers whose European cruises were interrupted by severe flooding have been granted preliminary discovery as they weigh a second multi-million dollar class action against the company over cancellations caused by last year’s severe drought conditions.
A judge overseeing a settled class action against failed Banksia Securities has rejected an application to limit a contradictor’s investigation of alleged professional misconduct on the part of the legal team and funder behind the case, saying he was satisfied there was a proper basis for the allegations.
A judge has indicated he will approve a confidential settlement in a class action brought by a litigation guardian of young Indigenous Australian detainees against the Northern Territory Government alleging human rights abuses.
This month’s decision by the Queensland Supreme Court confirming the validity of the class action funding business model in jurisdictions whose legislatures have not abolished the tort of maintenance and champerty is a landmark one, writes Piper Alderman partners Greg Whyte and Lillian Rizio.
The judge overseeing competing employment class actions on behalf of casual coal miners against WorkPac has ordered the law firms running the cases to consider a proposal to jointly run the proceedings.
Volkswagen is nearing the end of the road in the dieselgate scandal in Australia, as the car company agrees to an in-principle resoltion of enforcement action by the ACCC while also finalising the details of the settlement of five class actions worth up to $127 million.
The Queensland law firm at the centre of a class action over legal fees wants the case thrown out as an abuse of process, after it was revealed that the lead plaintiff apparently sold her litigation rights to a litigation funder, whose sole director is married to the solicitor who filed the action.
Expect increasing emphasis by judges on how much class action members will pocket, as scrutiny of settlements in representative proceedings continues to ramp up, says King & Wood Mallesons in the law firm’s latest class action report.
A judge has ordered engineering services firm CIMIC Group to pay the costs of a 2017 attempt to stay a competing class action against it, saying the bid was one the company “could never have successfully prosecuted”.
A judge has quietly given his seal of approval to a settlement distribution scheme in a class action against KPMG, after raising questions about Piper Alderman’s legal bill and the litigation funder’s “arguably excessive” cut of the confidential settlement.