Insights

A solution to the problem of multiplicity: consolidation of the Allianz class action proceedings

The plaintiffs in two competing class actions relating to car dealer “add-on” insurance have successfully applied to consolidate proceedings in the Supreme Court of Victoria as a solution to the...

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Contracting out of class actions? Federal Court says no in an Australian first

‘Class action waiver’ clauses are clauses under which a party waives their right to participate in a class action. Sometimes found in consumer agreements (particularly in the United States) such...

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Guidance on group costs orders for Victorian class actions

The first determination of an application seeking a ‘group costs order’ (GCO) was unsuccessful for the plaintiffs in two flex commission class actions in the Supreme Court of Victoria.

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Rossato a casual employee - an end to the casual classification circus?

The High Court has today handed down its landmark decision in WorkPac Pty Ltd v. Rossato & Ors, and overturned the Full Federal Court decision of May 2021 by finding that Mr Rossato was a casual...

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ASIC consults on the regulation of Litigation Funding Schemes

On 9 July 2021, the Australian Securities and Investments Commission (ASIC) issued Consultation Paper 345 – Litigation funding schemes: Guidance and relief (CP 345). CP 345 contains ASIC’s proposed...

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The Class Actions Law Review

Partner Robert Johnston, Senior Associate Nicholas Briggs and Senior Associate Sara Gaertner have written the Australian chapter in The Law Reviews 5th edition of The Class Actions Law Review.

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Beauty parades are here to stay

“Auctions” or “beauty parades” are here to stay in class actions and so we will continue to see a race to file with multiple law firms and multiple funders vying for the ”prize” of being selected...

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Curtains on class closure orders

The Federal Court of Australia and the Supreme Court of New South Wales look to have brought the practice of pre-settlement class closures to an end, at least for the time being.

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Court puts funders’ conduct and expenses under the microscope

On 30 November 2020, Murphy J published his reasons for approving the $95 million settlement of the Spotless Group Holdings Ltd (Spotless) class action. As is the case with most judgements in this...

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The Casuals Conundrum Resolved?

Sweeping proposed industrial relations reforms introduced by the Federal Government on 9 December 2020 could change the nature of work for Australia’s estimated 2.6 million casual workers.

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Funders may not have to provide security for costs in employee underpayment class actions

On 10 November 2020, the Full Court of the Federal Court of Australia overturned orders made by Justice Lee which required the litigation funder to provide security for costs in two class actions...

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The Class Actions Law Review: Australia

Guidance on Australia’s class actions, including insights on some of the latest developments related to common fund orders, market-based causation, competing class actions, litigation funding and...

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Three game changers in 10 days in the class action space

First, on 29 November 2019, the Queensland floods class action judgement was delivered by Beech-Jones J in Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No...

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Myer class action: another good news, bad news story?

The Myer continuous disclosure class action decision1 is a landmark: the first judgment in a securities class action in Australia, and the first case explicitly accepting “market-based causation...

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Class Action Update - Shifting Sands: Orders for defendants to produce insurance policies

We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs.

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