1-10 of 53 results

Another decision on adverse costs orders in employment class actions: should you expect a 'chilling effect' on employment class action risk?
Insight 15 Apr 2021

Duck v Airservices Australia (No 3) is the latest in a series of cases that have grappled with the intersection of employment class actions, litigation funders and the traditionally 'no costs' jurisdiction of the Fair Work Act. We examine the decision and its potential impacts on employment class action risk. ...

Class action risk in 2021
Insight 30 Mar 2021

Australia’s class action landscape remains dynamic and complex. 2020 was characterised by an increase in filings, continuing uncertainty around the impact of COVID-19, and a consistently high level of consumer claims. ...

Privacy disclosure incident leads to largest ever award of compensation for non-economic loss
Insight 16 Mar 2021

The determination issued by the OAIC for breaches of the Privacy Act by the Department of Home Affairs confirms that compensation can be ordered to be paid for non-economic losses related to data breaches. ...

Clarity from the High Court on competing class actions
Insight 12 Mar 2021

The High Court of Australia has provided much-needed clarity on competing class actions, handing down its decision in Wigmans v AMP Limited [2021] HCA 7. ...

Final report from the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
Insight 23 Dec 2020

The Parliamentary Joint Committee on Corporations and Financial Services (the Committee) has completed its inquiry into litigation funding and the regulation of the class action industry and released its much-anticipated final report earlier this week. ...

A win to litigation funders in employment class actions
Insight 20 Nov 2020

A decision in a 'wage underpayment' class action (Simon Alexander Turner v Tesa Mining) examines the extent to which funders can be liable for costs in Fair Work Act proceedings. ...

Australia's second shareholder class action judgment
Insight 26 Oct 2020

In the wake of Crowley v Worley Limited, Australia's first two shareholder class action judgments highlight the significant risk that applicants, and the litigation funders that support them, take when pursuing such claims to trial. Neither judgment sounded in any award of damages for shareholders. ...

After the Inquiry: what's next for litigation funders and the class actions industry in Australia?
Insight 14 Aug 2020

We identify the key themes arising from the Inquiry and outline the practical implications of the recently introduced legislation regarding the regulation of litigation funders and the introduction of contingency fees in VIC. ...

Food and beverage law bulletin
Insight 06 Aug 2020

Sugar and alcohol labels under the microscope, including new requirements for alcoholic beverages to display pregnancy labels; minimising regulatory risk regarding misleading conduct on the sale and promotion of food products; COVID-19 and food; and class actions in the sector. ...

Allens' submission to the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
Insight 19 Jun 2020

Allens has advocated for reform to the class action regime for many years, including by way of submissions to inquiries conducted by the Australian Law Reform Commission and the Victorian Law Reform Commission. We have made a detailed submission to the current inquiry in which we outline our concerns regarding the increasingly entrepreneurial direction of Australia's class action landscape and advocate for (and against) various reforms. ...

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