Common fund ruling to go all the way to the High Court
The power of courts to make 'common fund' orders will, it seems, remain uncertain for a little while longer, after the High Court, on 15 May 2019, granted special leave to appeal from the judgments of the Full Court of the Federal Court in Westpac Banking Corporation v Lenthall [2019] FCAFC 34 and the New South Wales Court of Appeal in Brewster v BMW Australia Ltd [2019] NSWCA 35.

This development flows from an historic joint sitting of the Federal Court and the New South Wales Supreme Court determining critical class action issues including whether a Court has power to make common fund orders and whether such orders are beyond judicial power or unconstitutional.
As a result of the joint sitting (albeit the decisions were arrived at independently), both Courts reached the same conclusion giving Common Fund Orders the all clear.
Andrew Watson
National Head of Class Actions, Class actions, Melbourne"I'm an experienced litigator in class actions, particularly for shareholders who have been victims of corporate misconduct."
Ben Slade
State Managing Principal, Office Leader, Class actions, Sydney"I am driven to give a voice to those who would otherwise have to suffer because those who have done them wrong are all too powerful."
Brooke Dellavedova
Principal Lawyer, Class actions, Melbourne"I am passionate about getting the best possible outcome for my clients and class actions provides an excellent opportunity for claimants to band together to bring claims they might not be able to bring on their own."
Kimi Nishimura
Principal Lawyer, Class actions, Melbourne"I'm committed to fighting for the rights of victims of corporate misconduct as well as pursuing compensation on behalf of my clients."
Rebecca Gilsenan
Principal Lawyer, Class actions, Sydney"I have extensive experience in running complex and novel litigation, including class actions in the areas of price fixing, failed investment schemes, product liability and securities."
Miranda Nagy
Principal Lawyer, Class actions, Sydney"I have a strong conviction that the community should be able to expect our governments and the companies we deal with to comply with the law."
Julian Schimmel
Principal Lawyer, Class actions, Sydney"Class actions are a unique legal mechanism that have helped hundreds of thousands of people receive compensation after mistreatment at the hands of powerful companies, and it’s gratifying to help people get access to justice when otherwise it would’ve been difficult for them."
Vavaa Mawuli
Principal, Class actions, Brisbane"The most rewarding thing about my work is the change in scale of what we are able to accomplish."
It doesn’t cost you anything to know where you stand
We take calls 24/7