Class action settlement approval hearings are not a time for the court to second guess a law firm’s contingency fee as set down in a group costs order, a judge has found, but the question of proportionality is still key, and evidence of a firm’s return on investment and hourly fees may be relevant to the final decision.
A judge has signed off on the first-ever settlement allowing a law firm to earn a contingency fee, approving a $12.8 million cut for Slater & Gordon in a shareholder class action against G8 Education.
A class action against Carnival over a COVID-19 outbreak aboard its Ruby Princess cruise ship has told the Full Court the lead applicant is entitled to damages “far in excess” of the $4,000 awarded by the trial judge for distress and disappointment.
HFW has snagged two partners specialising in litigation and restructuring and insolvency from Johnson Winter Slattery, including the firm’s litigation practice group head.
Cruise operator Carnival PLC has mounted a cross-appeal aimed at overturning a judge’s finding that it negligently failed to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship, telling the Full Court that the primary judge’s findings were not consistent with his reasons.
The law firm running class actions against ANZ and Westpac has been pulled up for claiming confidentiality over a solicitor’s affidavits on the costs incurred by the applicants since the court approved settlements in the cases.
A judge has granted broad discovery to a shareholder class action against IAG over COVID-related disclosures, saying the documents sought were relevant to determining the likelihood the insurer knew of the risk that it would have to pay out business interruption claims covered by polices that referenced defunct legislation.
A class action trial has heard that allegedly flammable Alucobond panels provided by 3A Composites and supplier Halifax Vogel are comparable to petrol and could present an “insurmountable challenge” to containing a fire.
A judge has made soft class closure orders in a shareholder class action against Medibank after the High Court has been asked to resolve a split on the issue by intermediate appellate courts.
A judge has allowed a law firm running a shareholder class action against medical glove maker Ansell to earn a 40 per cent contingency fee, but slashed the rate for settlements or judgments over $50 million.