Consideration of the arguments in relation to the extent to which parties in a group proceeding can, in settling the proceeding, bind group members to their compromise and preclude them from agitating rights against the defendants not pleaded by the applicants or addressed by the common questions.
Category: Class Actions
The Court has rejected an interlocutory application by the respondent in a shareholder class action for the appointment of “institutional” investors as sample group members on the basis that such a move was not necessary to “ensure justice is done” in the proceeding.
Article by Cam Truong. A short excursion into the aftermath of the Timbercorp Group collapse that included an unsuccessful grower class action and appeal, and currently hundreds of proceedings being pursued against and resisted by, individual growers. Looming test cases.
What connections between a lawyer and a litigation funder are appropriate in class actions and other litigation
Circumstances in which lawyers who are connected with litigation funders and stand to benefit from a contingency fee arrangement (either directly or indirectly) – will be restrained from continuing to act in order to protect the integrity of the judicial process and the due administration of justice.