Although carefully reasoned, last week’s landmark judgment by the Full Federal Court finding power to grant contingency fees to class action solicitors has placed the question of statutory authority to award settlement common fund orders on more unsteady ground than before, experts say.
The Federal Court is set to become a more attractive forum for class actions now that the Full Court has confirmed it has power to make orders granting solicitors a contingency fee from any settlement or judgment in a group proceeding.
Former political staffer Bruce Lehrmann has yet to engage lawyers to pursue his appeal of a judge’s finding that he raped colleague Brittany Higgins in Parliament House, but while he has the right to represent himself, experts have told Lawyerly it would be “very unwise” for him to run the case on his own.
The score in shareholder class actions taken to trial now stands at a dismal 0-5 after a judge tossed class actions against the Commonwealth Bank of Australia on Friday. But don’t expect funders to throw in the towel until the High Court or an intermediate appellate authority has its say, experts told Lawyerly.
Workplace investigations involving unwitnessed, conflicting accounts are among the most difficult situations for an employer, but findings can still be made, despite the “common misconception” there is nothing to tip the balance, according to experts.
A landmark $230 million settlement in an underpayments class action on behalf of junior doctors in NSW shows employment group proceedings are “viable and attractive” and may encourage more players to pursue representative cases on behalf of workers, according to class action experts.
Judges experience extreme levels of stress and secondary trauma, exacerbated by public comment that is often ignorant of what the job entails. The transparent approach taken by the judge presiding over the Bruce Lehrmann case may help pave the way to alleviating some of that stress, but more needs to be done, experts say.
Attacks at trial on the credibility of Bruce Lehrmann hit their target, but it’s still his case to lose on Monday morning, when judgment is delivered on his defamation claims against Ten. Throughout the case the network has borne the burden of proving Brittany Higgins’ rape allegation was true, and it is the very seriousness of that allegation that made the task harder.
Competition law experts have raised doubts about changes to Australia’s merger review regime announced Wednesday, calling the reforms a mixed bag for businesses and the reduced role of the Federal Court “disappointing”.
Leading lawyers have welcomed a new practice note in the Commercial Court division of the Victorian Supreme Court, including a “rigid framework” to cut down on interlocutory disputation which is expected to benefit commercial class action litigants, but some say the note “should have gone further” to compel discovery from defendants.