81-90 of 103 results
Court refuses to approve class action settlement
In a recent Federal Court decision Justice Murphy refused to approve the settlement agreement between the parties to the Willmott class action finding that the terms of the settlement were not fair and reasonable ...
Penalties: The final word
The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...
Disclosing privileged documents to regulators
The case of Cantor v Audi provides insights into what you should consider before providing privileged documents to a regulator. ...
Competing class actions - no 'one size fits all' solution
The Full Federal Court has held that when the court is faced with multiple competing class actions in relation to the same issue it can choose one to proceed and stay the others In doing so it said that there is no one size fits all solution to the problem of competing class actions and that ...
'Fraud on the market' theory survives challenge in the US
Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...
Finality: an important objective of class actions
The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...
VLRC takes first cut at class action reform
The VLRC has completed its review of Victoria's class action regime, with a particular focus on the effect of litigation funding. The report calls for national regulation of litigation funding, lifting the ban on contingency fees and a greater supervisory role for the Victorian Supreme Court. ...
Report: Class action risk 2016
Allens have gathered and analysed data which identifies some interesting trends that run counter to some of the typical commentary surrounding class actions in the media. ...
A blow to class action judgments achieving finality
In a recent decision, the High Court considered that a successful class action defendant cannot rely on mere failure by members of a class action to opt out of group proceedings to establish that these members are subsequently prevented from raising other claims ...
Class actions: A ten year survey
Class action risk has become a major issue for boards senior management and general counsel A key question often asked in that context is whether the changing nature of the class actions landscape poses an increasing area of risk for Australian corporates ...