By: Amanda Beattie and Samantha Younane At a glance The NSW Court of Appeal has confirmed that existing authority is not “plainly wrong” and that soft class closure orders cannot be made in the NSW Supreme Court. The decision confirms that the position in New South Wales diverges from that in the Victorian and the Federal […]
By: Amanda Beattie, Dylan O’Keefe and Samantha Younane The power to make soft class closure orders came under scrutiny in 2020 (following the NSW Supreme Court decisions in Haselhurst1 and Wigmans2) but recent decisions suggest that soft class closure orders are back. Late last month, the respondents in the FX class action3 were successful in obtaining […]
By: Amanda Beattie, Kieran Doyle and Gavin Davies At a glance The latest instalment in one of the big stories of 2023 was delivered last week, with the Federal Court dismissing Medibank’s application to enjoin the Office of the Australian Information Commissioner (OAIC) from continuing its investigations into the 2022 cyber-attacks. The OAIC’s investigations can […]
By: Amanda Beattie, Dylan O’Keefe and Gavin Davies 2023 Class Actions wrap It feels like we say it every year (and we probably do), but it was another eventful year for class actions in 2023. From the filing of novel claims, such as data breach claims, to the lowest rate yet for a group cost […]
By: Amanda Beattie, Dylan O’Keefe and Tess Jenks Introduction The class action regime in Australia has changed dramatically in the last couple of years. Our “ones to watch” series tackles a series of topics to explain the regime’s current state, highlight recent developments and flag issues that should be on the radar for the Australian and […]
By: Amanda Beattie and Dylan O’Keefe R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (Administrators Appointed) (in liq) (Reserved Question) [2023] FCA 1499 The Federal Court has this week reserved a question to be determined by the Full Court as to whether the Court has the power to grant a CFO in […]
Class actions are now a key feature of the litigation landscape in Australia. Wotton + Kearney’s Head of Class Actions Amanda Beattie and special counsel Dylan O’Keefe speak about W+K’s new Class Actions practice and some of the interesting issues and trends they’re currently seeing in Australia. Amanda and Dylan are focused on building the […]
What made you decide to become a lawyer? Other than the usual desire to argue a point with everyone and shows like Boston Legal (aged very poorly, I know), I like the fact that the law is not actually made up of rigid principles but rather can be moulded to suit particular circumstances, and that’s […]
At a glance Class actions following large-scale data breaches have been filed for the first time in Australia, adding a further layer of complexity to the management of cyber incidents. There are potential obstacles to the success of such class actions, and it is not yet clear if they will be a viable (or best) […]
Elliott-Carde v McDonald’s Australia Limited [2023] FCAFC 162 At a glance On 12 October 2023, the Full Federal Court delivered its long-awaited judgment in the McDonald’s breaks class action. The Court unanimously confirmed that it has the power under s 33V(2) of the Federal Court of Australia Act 1976 (Cth) to make orders for settlement […]
