Bellamy’s cry for “cost capping” in competing McKay and Basil class actions dismissed by the Full Court of the Federal Court

On 23 August 2019, the Full Court of the Federal Court in Bellamy’s Australia Limited v Basil [2019] FCAFC 147 (Bellamy’s) unanimously dismissed the applicant’s application for leave to appeal “costs capping” orders, initially rejected by the primary judge at first instance. Bellamy’s Australia Limited (BAL) is the respondent to two class actions: McKay Super […]

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Settling a class action – common fund orders and legal costs

On 30 July 2019, Justice Parker handed down a decision in the Supreme Court of NSW class action Tredrea v KPMG Financial Advisory Services (Australia) Pty Ltd (No 3) [2019] (Tredrea) refusing both to grant a Common Fund Order (sought by the funder at a rate of 30% of the gross settlement reached) or approve the […]

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