Three decades on from its rocky beginnings, when representatives of the coalition opposition decried the Part IVA bill as a “monstrosity” and as “looney”, “half baked” and “wrong” during parliamentary debates, the class action procedure and its legitimacy and efficacy have come to gain acceptance across the spectrum of practitioners and among the judiciary, says Maurice Blackburn’s Julian Schimmel.
The former general counsel of UK-based fintech Littlepay has filed a $300,000 lawsuit accusing her former employer of bullying and discrimination upon her return to work following the birth of her twins.
Mining giant Rio Tinto has been ordered to pay a $750,000 penalty in ASIC’s case over a disclosure breach linked to its $5.8 billion purchase of a Mozambique coal mining company.
ANZ has hit back at claims in a class action that it slugged retrospective interest on credit card accounts and that its interest terms were not explicit, arguing the term ‘retrospective’ is liable to “confuse” the issues to be decided by the court.
Female barristers continue to make gains in the number of briefs they are receiving but are still earning less than their male counterparts.
Telstra has been hit with a class action on behalf of employees who lost their jobs or are in danger of being terminated for failing to comply with a requirement that they be vaccinated against COVID-19.
A judge will approve a $28 million settlement resolving a class action against Arnold Bloch Leibler over advice the law firm gave to Slater & Gordon ahead of a disastrous acquisition. A 28 per cent commission for the case’s funder will also get the court’s nod.
Mitsubishi has denied class action allegations that it made misleading fuel efficiency representations on labels affixed to the windshields of over 70,000 Triton Utes, and says it can’t be sued under the Australian Consumer Law because the labels were required by law.
Over the last 30 years, the class action regimes have undoubtedly improved access to justice, helped to resolve disputes more efficiently, and reduced the costs of litigation. While the current spotlight on the role of litigation funding and returns to group members is warranted, other aspects of the regimes are ripe for reform, say Clayton Utz partners Greg Williams, Andrew Morrison, Alexandra Rose and senior associate Will Atfield.
A senior barrister has brought court action against Telstra alleging the teleco engaged in fraud and misleading and deceptive conduct when its customer service staff promised he could retain his chambers’ phone numbers when switching to the NBN.
For information on rights and reprints, contact subscriptions@lawyerly.com.au
