A recently appointed High Court judge has warned against state and federal courts competing to attract cases, expressing concerns the appearance of impartiality could be compromised if courts sought to “drum up business at the expense of defendants”.
A judge on the Supreme Court of Victoria says he is a ‘convert’ on group costs orders, which allow law firms running class action to earn a cut of any settlement or judgment, saying GCOs will give better returns to group members and that conflicts can be managed.
The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.
Courts have taken differing views on whether they should order class closure, which requires group members to register for a class action, and the “deadlock” may require High Court intervention or legislative amendment to be resolved, an expert has said.
The law firm and funder that ran a class action against Retail Food Group on behalf of current and former franchisees of its Michel’s Patisserie chain will be out of pocket, after the company agreed to a settlement under which it will pay nothing.
A leading commercial barrister who represented ASIC in its first fees-for-no-service case stemming from the banking royal commission has been appointed a judge on the NSW Supreme Court.
The Full High Court will sit for the hearing of KPMG’s battle to transfer a Victoria class action to Sydney, as the applicant in the case raises a question as to the constitutional validity of the firm’s argument that the NSW Supreme Court is bound to keep a group costs order operative.
PricewaterhouseCoopers has struck back at claims in a Fair Work suit brought by a graduate associate, denying liability for the alleged sexual harassment by the woman’s manager at multiple Sydney bars.
The judge overseeing Bruce Lehrmann’s failed defamation case against Network Ten has slammed as misleading comments that his judgment vindicated the broadcaster, and questioned whether the remarks disentitled it to maximum defence costs.
Charges accusing Victoria’s Department of Health of health and safety breaches during the state’s hotel quarantine program have been dropped on the eve of trial, after the state succeeded in excluding evidence submitted to an inquiry into the disastrous program.
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