Momentum on settlement CFOs stalled (for now)

In February 2023, O’Callaghan J rejected an application for a settlement CFO[1] in Davaria Pty Ltd v 7-Eleven Stores Pty Ltd (No 13) [2023] FCA 84 (7-Eleven) on the basis that CFOs are not within power of s 33V of the Federal Court Act 1976. Read more

Update: Western Australia’s Class Action Reform Bill

By Ante Golem, Jonathan Tong and Libby Plajzer In our Legal Briefing dated 26 August 2022 (Legal Briefing), we reported that the Civil Procedure (Representative Proceedings) Bill 2021 (Bill) was currently before the Legislative Council Western Australia for its second reading speech. On 31 August 2022, the Bill passed through the Legislative Council. Consequently, Western … Read more

Claim against broker for pool damage fails on causation

By Mark Darwin and Laurence Terret A policyholder claim for negligence against its insurance broker has failed on the issue of causation even though it proved the broker had been negligent.[1]  The decision in Flanagan v Bernasconi[2]  is an important reminder that to succeed in actions for professional negligence, it is not sufficient to simply prove a … Read more