Trend Watch: Current state of play – data breach class actions

The 2021–2022 Optus and Medibank cyber incidents have sparked an uptick of litigation in the data breach and privacy class action space, raising important questions for the trajectory of similar matters going forward. In the second instalment of our Trend Watch video series, Cyber, Privacy + Technology partner Nicole Gabryk and Commercial Litigation special counsel […]

Trend Watch: Reforms to Australia’s AML regime – what you need to know

The Commonwealth Attorney-General has recently introduced the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024, aimed at amending the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and repealing the Financial Transaction Reports Act 1998. The proposed changes signal Australia’s strengthened commitment to combatting money laundering and terrorism financing, targeting criminal activity more effectively. For more […]

The latest on group costs orders

By: Amanda Beattie and Natasha Chand The first settlement involving a group costs order (GCO) was approved last week.¹ This marks the next stage in the GCO process, which commenced just over 4 years ago when the new provisions were introduced in Victoria. GCOs – a recap Under s 33ZDA of the Supreme Court Act 1986 […]

Another shareholder class action loss – CBA class actions thrown out

By: Amanda Beattie and Jonathon Ferraro At a glance Judgment in favour of CBA was handed down last month1 in respect of two consolidated shareholder class actions2. The actions alleged that CBA breached its continuous disclosure obligations and mislead or deceived shareholders in relation to compliance with anti-money laundering and counter-terrorism financing (AML/CTF) laws. The […]

Class Actions: Ones to watch – New South Wales Court of Appeal holds firm on soft class closure

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 […]

Class Actions: Ones to watch – Soft class closure – is it back?

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 […]

Path cleared for the OAIC’s Medibank investigations

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 […]

Class Actions: Ones to Watch – 2023 wrap

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 […]

Class Actions: Ones to Watch – The multiplicity “plague” – when there are too many players at the table

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 […]

Class Actions: Ones to Watch – The next step for settlement CFOs – the Full Court is set to consider solicitor CFOs next year

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 […]