31-40 of 96 results
AFSL requirement short-lived for class action funders
The Federal Government is unwinding the class action funding regulations introduced by the previous government in July 2020, including the requirement for funders to maintain an Australian Financia ...
Class action funding revisited – litigation funding schemes held to not be Managed Investment Schemes
The Full Federal Court has held that litigation funding agreements are not 'managed investment schemes' (MIS), overturning its own more than decade-old decision in Brookfield Multiplex. ...
Post-election class action reform: easing the pressure on litigation funders
Several recently enacted and proposed reforms to the class action regime hang in the balance following the change of government in the 2022 Federal Election. ...
Class closure – the door remains ajar
The Full Court of the Federal Court has held that group members in class actions may be informed that if they fail to register their claim they could be precluded from participating in any settlement (but remain bound by the proceeding's outcome).1 In reaching this decision, a rift has emerged between the Supreme Court of New South Wales and the Federal Court regarding a key aspect of the case management of class actions. ...
Class action risk 2022
Class action risk is changing. While filings remain high, consumer claims now dominate and, for the first time in over a decade, the banking sector is not the biggest target. ...
Full Court weighs in on shareholder class actions re-enlivening Worley class action
The Full Court of the Federal Court has allowed an appeal by shareholders in the class action against Worley Limited, finding that the primary judge’s dismissal of the case must be set aside and remitted to a single judge for determination in light of the Full Court's reasons. ...
Australia's third shareholder class action judgment
Judgment has been delivered in the third shareholder class action to run to judgment in Australia, with Justice Jagot of the Federal Court rejecting the applicant's claim in its entirety in Bonham as Trustee for the Aucham Super Fund v Iluka Resources Ltd [2022] FCA 71. ...
Australian class actions trends: 2021 update
Class action litigation in Australia continues to be active and highly complex. Over the past 10 to 15 years, class actions have become an increasingly entrenched and accepted aspect of commercial life for organisations conducting business in Australia. ...
Government response to class action inquiries
Last week, the Federal Government published its long-awaited response to the ALRC and Parliamentary Joint Committee on Corporations and Financial Services Report's inquiries into class actions. ...
Class Action Risk: Interim update
2021 has been an unusual year in many respects and class actions have not been immune from both the pressures and distractions of COVID-19, and other challenges not linked to the pandemic. With nine months of the year behind us, a reasonably clear picture of class action activity is starting to take ...