The case is a class action to recover Aborigines or Torres Strait Islanders’ wages misappropriated between 1939 and 1972. Till this judgment the case was limited to persons who had signed a litigation funding agreement (known as a closed class).
Read MoreCourt considered: Plaintiff’s application to file revised expert report and make consequent pleading changes in a 5th amended statement of claim. Defendant vigorously opposed. Court allowed new report despite prejudice and delay and allowed some of the proposed amendments.
Read MoreEight weeks before the 28 August 2017 trial of a shareholder class action against Treasury Wine Estates (TWE), the global wine company asked the Court to let witness Ms Le Drew give evidence via video link from America, where she lives. TWE argued that Ms Le Drew was really busy with her work in a new job plus her son’s first visit to her in about 9 months was to take place during the Trial.
Read MoreOn 9 Jan 2017 a second class action was brought against Queensland Water Authorities for the January 2011 Brisbane floods. The second claim (the Hassid Case) was brought by Philip Hassid and Koula Hassid, as a class action, apparently because the first class action (the Rodriguez Case) abandoned pure economic loss claims in February 2016.
Read MoreA decade and two months since a High Court of Australia decision gave a clear greenlight to litigation funding down under, our Federal Court has now increased litigation funders certainty, at an early stage of proceedings, that they will be able to take their success fee in a class action from all group members, despite not having a funding agreement with each of those group members.
Read MoreCGU Insurance Limited v Blakeley [2016] HCA 2
The High Court of Australia upheld orders granting claimant liquidators the right to join the defendants’ insurer to the proceeding, to pursue the claim against the defendants’ insurer (who had rejected the defendants’ insurance claim). In dismissing the insurer’s High Court appeal, the High Court reviewed sections 562, 588G and 588M of the Corporations Act (Cth), and considered state and federal jurisdictions over those provisions by virtue of section 79 of the Judiciary Act (Cth).
Read MoreSmith v Australian Executor Trustees Limited; Creighton v Australian Executor Trustees Limited [2016] NSWSC 17
Faced with two class actions with very similar claimants and subject matter, and a defendant wanting one case stayed, the Court determined that both cases could proceed and be heard together.
Read MoreCamping Warehouse Australia Pty Ltd (Formerly Mountain Buggy Australia Pty Ltd) v Downer EDI Ltd [2016] VSC 29
During the trial of a class action a plaintiff was ordered to provide security for costs, at pain of the proceeding being stayed. The case settled not long after. In another case, a delay in an application for security for costs did not prevent it being ordered, however the Court adjusted the period of costs secured.
Read More1165 Stud Road v Power & Ors (No 2) [2015] VSC 735
The Supreme Court of Victoria set out a detailed explanation of where a non-party is exposed to liability for costs. The Court demonstrated a real willingness to make that type of order against non-party stakeholders whose role justifies liability for costs an order.
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