An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.
Class fights to use settlement evidence in Ethicon pelvic mesh case
Ceramiche Caesar appeals honest concurrent use trade mark ruling
Maurice Blackburn slings mud at ‘less experienced’ firm in BHP class action battle
Maurice Blackburn has criticised a judge’s decision to award carriage of a massive shareholder class action against BHP over the fatal collapse of a dam at its Brazilian mine to “less experienced” firm Phi Finney McDonald, lodging what is now the second high-stakes challenge to a ruling permanently staying a competing class action.