Australian Annotated Class Actions Legislation provides a section-by-section analysis of the legislative regimes in the Federal Court, Victoria, New South Wales, Queensland, Tasmania and Western Australia and relevant case law in an easily accessible format for the busy practitioner.
Class actions are an established and increasing part of the Australian legal landscape with more and more law firms, not traditionally involved in class actions, needing access to up-to-date information on this growing area of law.
Features
Australian Annotated Class Actions Legislation will provide:
• commentary, annotations to the legislation, and practical guidance for legal practitioners
• up-to-date legislation and case law analysis
• a multi-jurisdictional approach including comparative table of provisions for Cth, Vic, NSW, Qld, Tasmania, WA
Chapter 8: Representative Proceedings Not to be Commenced in Certain Circumstances: s 33G
Chapter 9: Pleading Requirements and Commencement of Proceeding: S 33H
Chapter 10: Right of Group Member to Opt Out: s 33J
Chapter 11: Altering the Group Description: s 33K
Chapter 12: Court Powers Concerning Group Membership: s 33KA (Vic only)
Chapter 13: Fewer Than Seven Group Members: s 33L
Chapter 14: Cost of Distributing Money Excessive: s 33M
Chapter 15: Proceedings not Continue as Representative Proceedings: s 33N
Chapter 16: Consequences of Proceedings Not Continuing Under This Part: s 33P
Chapter 17: Not All Issues Common: s 33Q
Chapter 18: Individual Issues: s 33R
Chapter 19: Directions Relating to Commencement of Further Proceedings: s 33S
Chapter 20: Adequacy of Representation: s 33T
Chapter 21: Stay of Execution: s 33U
Chapter 22: Settlement and Discontinuance of a Representative Proceeding: s 33V
Chapter 23: Settlement of Individual Claim of Representative Party: s 33W
Chapter 24: Notice of Certain Matters: s 33X
Chapter 25: Notices: s 33Y
Chapter 26: Judgment – Powers of the Court: s 33Z
Chapter 27: Constitution of Fund: s 33ZA
Chapter 28: Effect of Judgment: s 33ZB
Chapter 29: Appeals to the Court: s 33ZC
Chapter 30: Appeals to the High Court: s 33ZD
Chapter 31: Suspension of Limitation Periods: s 33ZE
Chapter 32: General Power of Court to Make Orders: s 33ZF
Chapter 33: Group Member Costs (s 43(1A) (Cth), s 33ZD (Vic), s 181 (NSW), s 103ZB (Qld), s 89A (Tas), s 31 (WA)); Saving of Rights, Powers etc (s 33ZG)
Chapter 34: Group Costs Orders: s 33ZDA (Vic)
Chapter 35: Special Provision Relating to Claims Under Part VI of the Competition and Consumer Act 2010: s 33ZH
Chapter 36: Reimbursement of a Representative Party’s Costs: s 33ZJ
Chapter 37: Order May Specify a Date by which Group Members Must Take a Step: Supreme Court Act 1986 (Vic) s 33ZG
Chapter 38: Order in Event of Decision or Admission on Liability: Supreme Court Act 1986 (Vic) s 33ZH
Ross McInnes is a Partner at Clayton Utz with a practice that traverses the lifecycle of mass consumer disputes — from early investigation and regulatory engagement to developing and implementing remediation programs and managing litigation and major class action disputes. Ross has developed a specialist class actions skill-set from running and managing large-scale class action litigation throughout his career. He has successfully defended a range of Australia's largest and most complex class action claims.
Michael Legg is a Professor at UNSW Law & Justice, Australia. His research covers a diverse range of areas in civil dispute resolution from both a doctrinal and a policy perspective, including case management, alternative dispute resolution, class actions, regulatory litigation include the impact of technology and innovation on dispute resolution, access to justice and the legal profession.
Michael is a member of the Australian Academy of Law, the Federal Court of Australia’s Class Action Users’ Group and the Law Council of Australia Class Actions Committee.
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