1-10 of 89 results

Optus class action privilege claims rejected
Insight 31 May 2024

The Full Federal Court has refused Optus' appeal from a Federal Court decision rejecting its legal privilege claim over a factual investigation report commissioned in response to a data breach, on the basis that Optus had not established that the report was prepared for the dominant purpose of legal ...

Class action risk 2024

Class action filings rebounded in 2023, making it the second biggest year for filings of all time. While consumer claims continue to dominate, claims from shareholders and employees remain significant areas of risk. ...

No sticker shock for automakers as High Court unpeels labelling case
Insight 15 Dec 2023

Earlier this week, the High Court handed down its unanimous judgment in the Mitsubishi fuel consumption labelling case, finding in favour of Mitsubishi. ...

Courts refuse to order disclosure of insurance and financial documents for use in mediation in class actions
Insight 13 Dec 2023

In this Insight, we consider some decisions in the Federal Court and Victorian Supreme Court that provide examples of how plaintiffs are framing applications for documents in the context of mediation, and when courts will consider it inappropriate to order their production. ...

Cyberwashing: a key focus for data breach class actions
Insight 11 Dec 2023

It has now been a year since the Medibank and Optus data breach incidents that led to a surge in data breach class action filings in Australia. ...

High Court provides guidance on class action waiver clauses
Insight 07 Dec 2023

The High Court of Australia has unanimously found that a class action waiver clause sought to be invoked in the Ruby Princess class action was an unfair term under the Australian Consumer Law. We examine the reasoning behind the decision and assess its implications for class action defendants. ...

Optus decision highlights challenges for privilege claims over investigation reports
Insight 14 Nov 2023

Optus decision highlights challenges for privilege claims over investigation reports. ...

Settlement stage common fund orders receive the green light
Insight 20 Oct 2023

Common fund orders are back following a unanimous decision of the Full Federal Court that they are permissible when sought at the settlement stage of a class action. ...

A twist in the road for auto class actions
Insight 14 Sep 2023

This Insight summarises our key takeaways from the decision and includes our reflections on the implications for the class action risk facing automakers. ...

Class action risk: interim update
Insight 04 Aug 2023

Class action filings in 2023 are on pace to significantly outstrip the number of claims filed last year, reverting to the trend of elevated filings seen over recent record setting years. ...