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 representative proceedings

3.           Jurisdiction and choice of forum

4.           Threshold requirements for commencement of a representative proceeding

5.           The role of a representative party

6.           Status of group members in a representative proceeding

7.           Pleadings in representative proceedings

8.           Case management of representative proceedings

9.           Opting out and notice to group members

10.         Competing representation, multiple claims and consolidation

11.         Security for costs

12.         Insurance

13.         Discovery and other means of obtaining evidence and other information

14.         Conduct of representative proceedings

15.         Trial of representative proceedings

16.         Conclusion of representative proceedings and appeals

17.         Class closure

18.         Settlement of representative proceedings

19.         Court approval and settlement administration

20.         Costs and fee agreements

21.         Third party funding of representative proceedings

22.         Suspension of limitation periods: section 33ZE

23.         Shareholder class actions

Appendices

1.           Federal Court of Australia Materials

• Federal Court of Australia Act 1976 (Cth), Part IVA
• Federal Court Rules 2011, Part 9 Division 9.3
• Federal Court Class Actions Practice Note GPN-CA (20 December 2019)

2.           Supreme Court of Victoria Materials

• Supreme Court Act 1986 (Vic), Part 4A
• Supreme Court (General Civil Procedure) Rules 2015 (Vic), Order 18A
• Supreme Court Practice Note SC Gen 10- Conduct of Group Proceedings (13 October 2020)

3.           Supreme Court of New South Wales Materials

• Civil Procedure Act 2005 (NSW), Part 10
• Uniform Civil Procedure Rules 2005 (NSW), Part 58
• Supreme Court Practice Note SC Gen 17- Representative Proceedings (31 July 2017)

4.           Supreme Court of Queensland Materials

• Civil Proceedings Act 2011 (Qld), Part 13A
• Uniform Civil Procedure Rules 1999 (QLD), Division 5
• Supreme Court of Queensland Practice Direction Number 2 of 2017 – Representative Proceedings (27 February 2017)

5.           Supreme Court of Tasmania Materials

• Supreme Court Civil Procedure Act 1932 (Tas), Part VII
• Supreme Court Rules 2000 (Tas), Division 5
• Supreme Court of Tasmania Practice Direction No. 2 of 2019 – Representative Proceedings (6 September 2019)

6.           Federal Rules of Civil Procedure (US), rule 23

7.           Rules of Court for Representative Proceedings

8.           Pleading the requirements of section 33H

9.           Notices approved by courts informing group members of commencement of representative

  proceeding and of their right to opt out

10.         Notices approved by courts to identify group members able to maintain a claim in the

  proceeding and to inform group members of the proposed settlement and of their right to object

11.         Schedule of class action settlement court approvals

12.         Insurance policy references

13.         The initial risk analysis

14.         Due diligence process

15.         Omni Bridgeway’s Australian Financial Services Licence