The defendant sought special leave to appeal to the High Court of Australia from a decision of the Queensland Court of Appeal to argue that a typical class action funding agreement was unenforceable for public policy reasons because it gave the funder an impermissible degree of control over the action…
Prygodicz v Commonwealth of Australia (No 2) [2021] FCA 634
11-6-21 / Michael Hodge KC — Class Actions
Six Applicants sought approval from the Court for the settlement of a class action brought against the Commonwealth for its use of an automated debt-collection system from July 2015 to November 2019 – also known as ‘Robodebt’. The Applicants submitted that the requested settlement would address their claims for unjust…
Hearing for costs of the proceeding in Mallonland Pty Ltd & Anor v Advanta Seeds Pty Ltd [2021] QSC 74. The plaintiffs’ claim was dismissed on the basis that no duty of care was owed. However, the Court found that had a duty of care been owed, then the plaintiff…
This case is the first proceeding tried as a class action under Part 13A of the Civil Proceedings Act 2010 (Qld). The plaintiffs were crop farmers who had purchased and planted seed produced by the defendant seed company. The plaintiffs sought damages for negligence and misleading and deceptive conduct in…
Murphy Operator & Ors v Gladstone Ports Corporation (No 8) [2021] QSC 57 15
19-3-21 / Damian Clothier KC, Michael May — Class Actions
This was a costs determination following the Court’s dismissal of an application seeking dispensation of the rules regarding disclosure of expert reports in the context of reports to be obtained for the purposes of mediation in a class action. The Court held in favour of the Respondents by rejecting the Applicant’s submission that costs be…
