Class actions in Australia / Damian Grave, Ken Adams, Jason Betts.

Pyrmont, N.S.W. : Lawbook Co., 2022.

3rd edition

199792

Class actions (Civil procedure) -- Australia.

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.

This highly practical book 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 Third Edition, this landmark title was among the earliest analyses of class actions when first published in 2005. It is now fully updated to reflect both the maturity of class actions law and its continuing evolution and includes a new chapter on insurers responding to class action risk. New developments include: The latest empirical information on Australia’s class actions regimes. Litigation funding and its continuing growth, including: court scrutiny of arrangements, particularly claimed commissions; evolution of “common fund orders” from the decision in Money Max (2016) to the decision in Brewster (2019), and subsequent developments; legislative changes by the Corporations Amendment (Litigation Funding) Regulations 2020 (Cth) and the introduction of contingency fees in Victoria from 1 July 2020. Growth of shareholder class actions, including the implications of the Myer (2019) and Worley (2020) decisions for listed companies’ disclosure obligations, misleading and deceptive conduct, market-based causation and the analysis and proof of loss. The courts’ approach to competing class actions and their role in managing multiplicity, including the decisions in GetSwift (2018) and AMP (2021). Continuing law reform activity, including: 2018 VLRC report Access to Justice - Litigation Funding and Group Proceedings 2018, 2018 ALRC report Integrity, Fairness and Efficiency – An Inquiry into Class Action Proceedings and Third-Party Litigation Funders, and Commonwealth Parliament’s Joint Committee on Corporations and Financial Services’ 2020 inquiry, Litigation funding and the regulation of the class action industry. The courts’ approach when considering settlement approval, including scrutiny of legal fees, litigation funding commissions and the merits of proposed settlements. Consideration by several courts, including the Federal Court and the NSW Court of Appeal, of their power and discretion to order “class closure”, and the impact on approaches to settlement of class actions. Analysis of insurance issues, including the availability of coverage, the role of insurers and insurance in proceedings, and market developments in this area. - Publisher's website.

Previous edition: 2012.

Includes bibliographical references and index.

9780455502168

lxvi, 1380 pages ; 25 cm