Case notes

Daniel Meyerowitz-Katz

The end of common fund orders... or is it? The High Court's decision explained

Yesterday the High Court handed down its long-anticipated decision in BMW Australia Ltd v Brewster; Westpac Banking Corporation v...

Daniel Meyerowitz-Katz

Competing Class Actions Getting Hammered

After years of difficult and costly hearings and appeals about which legal team/funder will get to represent the plaintiff where...

Daniel Meyerowitz-Katz

Court leaves open possibility of solicitors charging contingency fees in class actions

Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund) v BHP Group Limited [2019] FCAFC 107

Daniel Meyerowitz-Katz

Lee J endorses "self-funded" class actions in security for costs judgment

In Abbott v Zoetis Australia Pty Ltd (No 2) [2019] FCA 462, a decision handed down last week by Lee J regarding an application for...

Daniel Meyerowitz-Katz

NSWSC class actions do not require the plaintiff to have a claim against all defendants

There was an interesting decision handed down by Garling J in the NSW Supreme Court last week in Fernandez & Anor v State of New South...

Daniel Meyerowitz-Katz

Class actions settlements: approving the settlement but not the costs

In Botsman v Bolitho [2018] VSCA 278, Tate, Whelan, and Niall JJA of the Supreme Court of Victoria Court of Appeal have substantially...

Daniel Meyerowitz-Katz

High Court split over two bites of the cherry

In UBS AG v Tyne [2018] HCA 45, a 4-3 decision of the High Court of Australia has made it harder for litigants to bring a claim that...