Case notes

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...

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...

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

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...

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...

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...

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...