A judge has questioned the “independent skill and judgment” applied to the pleading in a third class action filed against International Capital Markets over risky derivative products, amid a “hot contest as to carriage and forum”.
A judge hearing a class action against the New South Wales government and police commissioner over allegedly illegal strip searches at music festivals has criticised the state for failing to comply with court orders on time.
Convenience chain 7-Eleven has defeated Seven Network’s challenge to its bid to trade mark ‘7-Select’ for a new brand of products targeting younger shoppers, with an IP Australia delegate finding consumer confusion was not likely.
A cyberattack has compromised the confidential data of thousands of sexual assault and family violence victims who were patients of Monash Health clinics.
The lead plaintiff in a four-year-old class action against Zurich Insurance over a defective New Zealand apartment block has said the case “has to get moving”, telling the court that property owners have not received payment since a $50 million judgment was awarded overseas in 2017.
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.
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