Feature

Experts say the chaos of last month’s CrowdStrike outage is likely to spark a flurry of litigation both overseas and at home, including class actions, but lawyers bringing the claims will face significant hurdles.

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.

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.

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.

When the Supreme Court of Victoria considers for the first time a settlement reached in a class action run on a contingency fee basis, it will grapple with some novel questions, including whether to trim the 27.5 per cent group costs order granted to Slater & Gordon at the outset of the case, legal experts say.

Australian IP lawyers are closely watching The New York Times’ copyright lawsuit seeking billions in damages from OpenAI and Microsoft, but it remains to be seen whether Australia will become a favoured jurisdiction for similar suits or be left playing catch up, experts say.

Expect more legal battles this year over the right to work from home, with employees continuing to demand flexibility but businesses starting to push back, according to legal experts.

Judges were not afraid to vent their spleen in 2023, but lawyers were not the only object of judicial scorn last year, as judges waded into public discourse and sounded off over issues including complex legislation, media reports, famous social media commentators, and the involvement of government departments in legal proceedings.