Insights

Forensic investigation reports: the question of privilege remains – Singtel Optus v Robertson

The Full Court of the Federal Court of Australia has dismissed an application made by Optus for leave to appeal the first instance decision by Justice Beach. In this article, we consider the key...

More
long exposure picture of people on escalators
The Class Actions Law Review - Seventh Edition

Partners Robert Johnston, Felicity Karageorge, Rena Solomonidis, Special Counsel Nicholas Briggs and Senior Associate Sara Gaertner have written the Australian chapter in The Law Reviews 7th...

More
People going down the escalator
Western Australia’s new class action regime commences

On 24 March 2023, the Civil Procedure (Representative Proceedings) Act 2022 (WA Act) commenced. The WA Act introduces an updated and more cohesive mechanism for bringing class actions in WA.

More
Small plant sprouting out of soil
Greenwashing: Be careful - regulator concern intensifies at home and abroad

Investors’ growing appetite for environmentally and socially conscious companies and products has been met with increased concern about the many ESG claims made by companies. Regulators the world...

More
Why are Australian sanctions now the topic of the day?

Following Russia’s invasion of Ukraine, a range of democratic nations including Australia, have been quick to impose sanctions on Russia, its president and his assumed associates.

More
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.

More
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...

More
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.

More
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...

More
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...

More
Ground breaking climate change lawsuit settles on court house steps

Here's the wash-up: REST has settled an action brought by a fund member concerned that REST was failing to protect his retirement savings from the financial ravages of climate change.

More
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...

More
Surviving the Curve: Creditors, Contracts and Trade Credit Insurance

Navigating trade credit insurance policies.

More
Climate Change Litigation and international litigation trends

There has been a substantial uptick in novel climate change litigation in Australia, particularly in the Federal Court of Australia and the Land and Environment Court of NSW.

More
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...

More
Recent Australian class action highlights

With a 25-year-old class action regime that is well established for all types of matters (consumer, competition and shareholder claims) and which does not face the significant interlocutory...

More
BOQ caught out on insurance policy clause

A judgment handed down in the Supreme Court of New South Wales this week involving the Bank of Queensland (Bank of Queensland Ltd v AIG Australia Ltd [2018] NSWSC 1689) highlights just how critical...

More
Justice Murphy clarifies Money Max and opens further the door for litigation funders and “Common Fun

Justice Murphy has clarified that the decision in Money Max was specific to the facts of that case, and not intended to establish broad principles that would apply to all cases in which a common...

More
Third party claims against insurers in NSW – farewell to the statutory charge

A new law will permit liquidators to more confidently make decisions about whether or not to pursue insurers directly without the worry of speculating as to whether there are other competing claims...

More