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Key decisions

  • Bogan v The Estate of Peter John Smedley (Deceased) [2025] HCA 7
  • Commonwealth of Australia v Yunupingu [2025] HCA 6
  • CZA19 v Commonwealth; DBD24 v Minister for Immigration and Multicultural Affairs [2025] HCA 8

TRANSFER OF PROCEEDINGS

Class action – group costs orders

In Bogan v The Estate of Peter John Smedley (Deceased) [2025] HCA 7 (12 March 2025), the High Court dismissed an appeal from the Court of Appeal of the Supreme Court of Victoria.

A law firm cannot charge a contingency fee for legal costs calculated on the basis of a percentage of the quantum of the outcome of a proceeding. A group cost order (‘GCO’) is an exception to this and is permitted in Victoria by order of the court in group proceedings under Part 4A of the Supreme Court Act 1986 (Vic).

The Arrium class action related to loss in relation to the purchase of shares in Arrium, an ASX listed company based in Sydney, which is now in liquidation.

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