1-10 of 91 results
Full Federal Court allows solicitors' common fund orders
In a significant and potentially controversial decision, the Full Federal Court has found it has the power to make a 'Solicitors' Common Fund Order', with the effect that solicitors will be able to receive a share of a settlement or damages award in a Federal Court class action as payment for costs. ...
Continuous disclosure for listed companies – key points from recent developments
With increasing scrutiny and a dynamic legislative environment, the continuous disclosure regulation of ASX-listed entities in Australia is evolving. Recent developments mandate a heightened level of vigilance and adaptability by companies ...
Optus class action privilege claims rejected
The Full Federal Court has refused Optus' appeal from a Federal Court decision rejecting its legal privilege claim over a factual investigation report commissioned in response to a data breach, on the basis that Optus had not established that the report was prepared for the dominant purpose of legal ...
Class action risk 2024
Class action filings rebounded in 2023, making it the second biggest year for filings of all time. While consumer claims continue to dominate, claims from shareholders and employees remain significant areas of risk. ...
No sticker shock for automakers as High Court unpeels labelling case
Earlier this week, the High Court handed down its unanimous judgment in the Mitsubishi fuel consumption labelling case, finding in favour of Mitsubishi. ...
Courts refuse to order disclosure of insurance and financial documents for use in mediation in class actions
In this Insight, we consider some decisions in the Federal Court and Victorian Supreme Court that provide examples of how plaintiffs are framing applications for documents in the context of mediation, and when courts will consider it inappropriate to order their production. ...
Cyberwashing: a key focus for data breach class actions
It has now been a year since the Medibank and Optus data breach incidents that led to a surge in data breach class action filings in Australia. ...
High Court provides guidance on class action waiver clauses
The High Court of Australia has unanimously found that a class action waiver clause sought to be invoked in the Ruby Princess class action was an unfair term under the Australian Consumer Law. We examine the reasoning behind the decision and assess its implications for class action defendants. ...
Optus decision highlights challenges for privilege claims over investigation reports
Optus decision highlights challenges for privilege claims over investigation reports. ...
Settlement stage common fund orders receive the green light
Common fund orders are back following a unanimous decision of the Full Federal Court that they are permissible when sought at the settlement stage of a class action. ...