Class Actions Class Actions

Matter Examples

Class Actions

AGRIBUSINESS INVESTMENT CLASS ACTION

Our lawyers acted as defence counsel for liquidators of a failed agribusiness investment company in significant class actions heard in the Supreme Court of Victoria during a 12-month trial. A settlement after trial was approved by the Court (with the reasons for decision dismissing all claims against the company). Our lawyers continue to act in connection with litigation related to this matter (including in High Court proceedings commenced by an investor).

FORESTRY MANAGED INVESMENT SCHEME CLASS ACTION

Our lawyers acted in a Federal Court matter as coverage counsel for the excess layer insurer of a forestry managed investment scheme company that was in liquidation, and for its directors in connection with a class action by investors.

The action was settled on confidential terms and pursuant to Court approval.

Our lawyers continue to act as lead coverage counsel, which involves regularly liaising with other coverage counsel and defence counsel regarding the conduct of related litigation.

MANUS ISLAND CLASS ACTION

We defended a party in the Manus Island class action in the Supreme Court of Victoria. Our client needed to produce several million documents that had been generated over a two-year period. To make the situation even more challenging, the client was faced with a compressed court timetable.

We took an overall strategic approach to this matter. At the micro level, we devised an early case assessment (ECA) strategy to quickly identify potentially relevant documents, which we reviewed using Technology Assisted Review (TAR). This approach made the whole discovery process manageable and saved our client a significant amount in legal fees. At the macro level, we devised a strategy aimed at extracting our client from the proceedings without paying any damages. This approach was successful.

CONTAMINATED SOY MILK CLASS ACTION

Our lawyers defended a class action in the Victorian Supreme Court when 500 people became ill after consuming soy milk.

INTERRUPTION OF GAS SUPPLY

Our lawyers defended a class action in the Victorian Supreme Court involving the interruption of the state’s gas supply.

CONTAMINATION OF AVIATION FUEL

Our lawyers defended a class action in the Federal Court involving the contamination of aviation fuel. The matter was later transferred to the Supreme Court of Victoria.

'OCCUPY MELBOURNE' PROTESTERS

Our lawyers defended a class action in the Federal Court relating to proceedings commenced by protesters under the ‘Occupy Melbourne’ banner.

LEGIONELLA IN AQUARIUM

 Our lawyers acted for a client involved in the Melbourne Aquarium Legionella class action.

VOCATIONAL TRAINING PROVIDER CLASS ACTION

We advised insurers on claims made under directors’ and officers’ (D&O) and prospectus liability policies following the collapse of a large vocational training provider. These claims resulted in investigations by the Australian Securities and Investments Commission (ASIC) and three related class actions. By providing advice on indemnity issues and monitoring the defence counsel, we minimised the insurer’s exposure and reduced their defence costs substantially. By providing advice on liability, it was possible to put in place accurate claim reserves. This meant that the insurers could form an a view on the merits of adopting an early settlement strategy.

 

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