High Court torpedoes class actions

Michael PellyLegal editor

Dec 4, 2019 – 10.53am

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The High Court has driven a stake through the class actions industry by declaring as invalid a key part of its business model – common fund orders.

In a decision handed down in Canberra on Wednesday, the court upheld by a 5-2 majority challenges by BMW and Westpac to court rules that have been a boon for litigation funders.

Michael Pelly is the legal editor, based in our Sydney newsroom. He has been a senior adviser to federal and state attorneys-general and written two books, one a biography of former High Court Chief Justice Murray Gleeson.