Omnia Chambers

High Court finds Federal Court has no power to grant Solicitor common fund orders for NSW Class Actions. Kain v R&B Investments Pty Ltd; Ernst & Young (a firm) v R&B Investments Pty Ltd; Shand v R&B Investments Pty Ltd [2025] HCA 28 The High Court of Australia has unanimously held that the Federal Court does not have the power under Pt IVA of the Federal Court of Australia Act 1976 (Cth) (FCA Act) to make a Solicitors’ Common Fund Order (Solicitors’ CFO) in New South Wales as that would give effect to an agreement entered into contrary to the prohibition on contingency fee agreements in s 183 of the Legal Profession Uniform Law (NSW). A Solicitors’ CFO is an order to the effect that solicitors be further remunerated for their risks in funding the legal costs and disbursements by payment of such percentage of the sum recovered in the proceedings as may be approved by the Court. The High Court also held that ss 33V and 33Z of the FCA Act would not prohibit the making of a common fund order at settlement or judgment in favour of a litigation funder. The Court found that it was not necessary to reopen and overturn BMW Australia Ltd v Brewster (2019) 269 CLR 574 as the form of orders in that case (being an interim order made at the commencement of proceedings in favour of the litigation funder) was distinct. The decision under appeal was R&B Investments Pty Ltd (Trustee) v Blue Sky (Reserved Question) (2024) 304 FCR 395, where it was unanimously held by the Full Court of the Federal Court of Australia that ss 33V(2) and 33Z(1)(g) of the FCA Act empowered the Federal Court to order Solicitors’ CFO. In March 2025, the High Court heard three appeals from the decision of the Full Court of the Federal Court. The High Court allowed each appeal. Michael Hodge KC and Georgina Westgarth appeared for former Blue Sky CEO, Robert Shand, instructed by Ashley Hill and Alexander Sloan. Read previous article here: https://lnkd.in/g8W23qCM Read judgment in full here: https://lnkd.in/gg9rFew4

Omnia Chambers congratulates Kate Morgan SC on her inclusion as leading senior counsel in Doyle’s Guide’s latest Australia-wide rankings of ‘Leading White Collar Criminal Law & Regulatory Investigations Barristers – Australia, 2025'. The full guide can be found here: https://lnkd.in/girs-buD

Doyle's Guide has released its list of Leading Class Action Barristers in Australia. Omnia Chambers congratulates both Michael Hodge KC and Sera Mirzabegian SC on their inclusion as leading Senior Counsel. The full guide can be found here: https://lnkd.in/gTyaKJV3 Omnia Chambers has barristers practising in a range of class action proceedings. Our clerk Robbie Leach can assist you with any inquiries.

Council of the Law Society of New South Wales v Sideris [2025] NSWCA 159   The NSW Court of Appeal, on the application of the Council of the Law Society of New South Wales, has ordered Mr George Sideris be removed from the Roll of Australian lawyers maintained by the Supreme Court of NSW following a recommendation by the NSW Civil and Administrative Tribunal. The Court of Appeal (Bell CJ, Kirk JA, and Griffiths AJA) found Mr Sideris’s behaviour, as it contravened r 33 and r 4.1.2, undermined his overriding duty to the court. In its decision, the Court emphasised that in determining Mr Sideris’s fitness to practice, it was not relevant whether Mr Sideris was or ever had been a technically competent lawyer (about which the Court made no comment). The Court noted that the question of Mr Sideris’s fitness to practice was rather “a matter of whether this Court, in exercising what is a protective jurisdiction, considers that his conduct renders him unfit to remain on the Roll” (at [102]). In doing so, the Court stressed the need to “insist on the maintenance of the highest standards of honesty and integrity in the performance of duties by legal practitioners” (at [103]), thereby upholding professional conduct to a standard consistent with the oath or affirmation taken by lawyers at the commencement of their legal careers. Ultimately, the judgment highlights that “[a]dmission to legal practice and presence on the Roll of Australian lawyers is a privilege and not a right” (at [104]). The oath or affirmation that all lawyers make at the outset of their career “is one of a continuing and critical nature and significance” (at [104]). Kate Morgan SC and Emma Dunlop appeared for the Council of the Law Society of New South Wales, instructed by Chloe Ellis and Tayah Stevenson of Hicksons Lawyers. Click through to read more. See the full judgment here: https://lnkd.in/gNSsHCus

Doyle's Guide has released its list of Leading Administrative & Public Law Barristers in NSW. Omnia Chambers congratulates Joe Edwards for his inclusion. The full guide can be found here: https://lnkd.in/eANnGCTa Omnia Chambers has barristers practising across all areas of administrative and public law, including regulatory proceedings. Our clerk Robbie Leach can assist you with inquiries.

Doyle's Guide has released its list of Leading Arbitration Barristers in Australia. Omnia Chambers is proud to congratulate Christina Trahanas on her inclusion. The full guide can be found here: https://lnkd.in/gfPwRKsf Omnia Chambers has barristers practising across all areas of commercial law. Our Clerk Robbie Leach can assist you with inquiries.

Doyle's Guide has released its list of Leading Insolvency & Restructuring Barristers in NSW. Omnia Chambers congratulates Sonia Tame on her inclusion. The full Junior guide can be found here: https://lnkd.in/gfEBuVTn Omnia Chambers has barristers practising across all areas of commercial law. Our Clerk Robbie Leach can assist you with inquiries.

Omnia Chambers congratulates Michael Hodge KC, Kate Morgan SC, Sera Mirzabegian SC and Sonia Tame on their inclusion in the 2025 Doyle's Guide to Leading Commercial Litigation & Dispute Resolution Counsel. See the full Junior Counsel guide here: https://lnkd.in/gZwFKkq4. See the full Senior Counsel guide here: https://lnkd.in/gU_KqxR6.

Federal Court determines penalties but refuses non-indemnification order in respect of D&O policy, in long-running Captain Cook College unconscionable conduct case. Australian Competition and Consumer Commission v Productivity Partners Pty Ltd (trading as Captain Cook College) (in administration) (No 6) [2025] FCA 542 The Federal Court has ordered Captain Cook College (College) to pay $20.75 million in penalties for engaging in systemic unconscionable conduct and making false and misleading representations to consumers regarding the College’s online diploma courses. Stewart J found the $20.75 million penalty appropriate on the basis that the College’s conduct ‘improperly took unconscientious advantage of thousands of students, and of the public purse’ (at [69]). The Court also imposed a penalty of $10 million on the College’s parent company, Site Group International Limited (Site Group) and $400,000 on the College’s former Chief Operating officer, Mr. Wills, for being knowingly concerned in the College’s unconscionable conduct. Mr Wills was disqualified from managing corporations for three years. The ACCC had sought an order prohibiting Mr Wills from being able to rely upon indemnification under a directors and officer insurance policy but the Court refused to make the order. The decision follows unsuccessful appeals by the College, Site Group and Mr Wills to both the Full Court of the Federal Court and High Court against findings that they had engaged in systemic unconscionable conduct. In August 2024, the High Court rejected Mr Wills’ appeal and confirmed it was not necessary to prove that Mr Wills knew that the college’s removal of the vetting controls was ‘unconscionable’. His awareness of the risks involved in removing the safeguards to increase enrolment amounted to him being ‘knowingly concerned’ from when the changes were made. That Mr Wills was unaware that the conduct was unconscionable was a relevant reason why Stewart J refused the non-indemnification order. Michael Hodge KC appeared with Alexander Vial (5 Wentworth) as counsel for Mr Wills (Fourth Respondent). Read the penalty judgment here - https://lnkd.in/gbSEq9ef Read the High Court judgment here - https://lnkd.in/gB7cjYJi

We are pleased to welcome our new Reader, Courtney Raad, to Omnia Chambers. Courtney was called to the bar in 2023 as Counsel Assisting the New South Wales Solicitor General and Crown Advocate. Prior to that, Courtney was a Senior Solicitor in the Constitutional and Administrative Law team at the New South Wales Crown Solicitor's office and an Associate to Justice Payne in the New South Wales Court of Appeal. Courtney's accepts briefs in all areas of law, with a focus on commercial and public law. For any enquiries about Courtney's availability or rates, please contact Robbie Leach.