Class Actions in Australia 4e - eBook

Class Actions in Australia offers complete coverage of class action law in Australia, from commencement through to choice of forum, opting out, conduct, trial, settlement, costs and funding.

Now in its Fourth Edition, this landmark title was among the earliest analyses of class actions when first published in 2005. It is now comprehensively refreshed to reflect the maturity of class action law.

High Court, Full Federal Court and State appellate court decisions, across a range of procedural and substantive issues, form the principal focus of the updates in this edition. Highlights include:

• Funding of class actions - decisions of the High Court and Full Federal Court on the availability of common fund orders including since BMW Australia Ltd v Brewster. Changes in litigation funding practice and plaintiff law firms are explained, as is the emergence of the group costs order regime in Victoria.
• Procedural developments - including resolution by the High Court of the debate concerning permissible class closure orders and their compatibility with the opt-out structure of the class action regime. The evolving approach to class action settlement approvals and the distribution of settlement funds is also addressed.
• Substantive law - High Court decisions on the assessment of damages in product liability class actions under the Australian Consumer Law (within a new chapter directed to product liability class actions), including questions about reduction in value claims.
• Shareholder class actions - coverage of trial and appellate decisions on continuous disclosure, market-based causation and the relationship between established contraventions and proof of loss.
• Emerging categories of class action litigation - including data breach and cyber security claims arising from high-profile incidents, ESG and greenwashing litigation, and climate-related proceedings.
• Case management - the evolving approach of the courts in large and complex matters, competing class action claims, and the structure and complexities of class action trials.

Across each of these areas, updated coverage of the relevant legislative framework, case law and procedural rules is provided.

Once again Damian Grave, Ken Adams and Jason Betts apply their vast commercial litigation experience to the task. Elegantly and clearly written, Class Actions in Australia Fourth Edition is an essential guide for any legal practitioner involved with class action litigation.

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1. Overview of Class Actions in Australia
2. Commonwealth and State Legislation for Class Actions
3. Jurisdiction and Choice of Forum
4. Threshold Requirements for Commencement of a Class Action
5. The Role of a Representative Party
6. Status of Group Members in a Class Action
7. Pleadings in Class Actions
8. Case Management of Class Actions
9. Opting Out and Notice to Group Members
10. Multiplicity
11. Security for Costs
12. Insurance
13. Discovery and Other Means of Obtaining Evidence and Other Information
14. Common Fund Orders and Funding Equalisation Orders
15. Contingency Fees in Victoria
16. Other Issues Associated with the Conduct of Class Actions
17. Trial of Class Actions
18. Conclusion of Class Actions and Appeals
19. Class Closure
20. Settlement of Class Actions
21. Court Approval of Settlement
22. Settlement Administration
23. Costs and Fee Agreements in Class Actions
24. Third-Party Funding of Class Actions
25. The Regulation of Third-Party Funding of Class Actions
26. Suspension of Limitation Periods: Section 33ZE
27. Shareholder Class Actions
28. Product Liability Class Actions

Appendix 1: Class Action Settlements – Court Approvals