Practical Law, Global Guides - Class and Collective Actions in Australia – 2019

1 minute read  18.06.2019 Beverley Newbold, David Taylor, Julia Avis, Rafael Aiolfi, Jacky Wong

Our class action specialists provide their observations and commentary on the current procedural and regulatory framework which underpins this increasingly-popular type of litigation, as well as their expert insights on future trends and possible areas of reform.


Key takeouts

MinterEllison has authored, for the second year, the Australian chapter of Thomson Reuters Practical Law: Class/Collective Actions Global Guide. The chapter covers several notable developments in the class action landscape in FY19, including:

  • The filing of the first class actions following the findings of the Financial Services Royal Commission;
  • Significant decisions by the Federal and State courts, including decisions on common fund orders, and competing class actions; and
  • The release of the Australian Law Reform Commission’s final report: Integrity, Fairness and Efficiency — An Inquiry into Class Action Proceedings and Third-Party Litigation Funders (Report 134).

There have been notable developments in the class and collective actions landscape in 2019, with the release of the Australian Law Reform Commission’s final report: Integrity, Fairness and Efficiency — An Inquiry into Class Action Proceedings and Third-Party Litigation Funders (Report 134). This is alongside significant decisions handed down by the Federal and State courts, including decisions on common fund orders, and competing class actions.

MinterEllison has authored, for the second year, the Australian chapter of Thomson Reuters Practical Law: Class/Collective Actions Global Guide.

MinterEllison’s class action specialists, partners Beverley Newbold and David Taylor, special counsel Julia Avis and associates Rafael Aiolfi and Jacky Wong, provide their observations and commentary on the current procedural and regulatory framework which underpins this increasingly-popular type of litigation, as well as their expert insights on future trends and possible areas of reform.

Class actions are now a global phenomenon, with companies in multiple jurisdictions regarding this as their primary risk. Australia is no different, with class actions continuing to grow in prominence and regularity as part of the Australian legal landscape. While shareholder class actions still make up the majority of all class actions filed in Australia, in 2019, we have seen 'other' types of class actions being filed, including the filing of the first class actions following the findings of the Financial Services Royal Commission, a class action against a company in the 'sharing economy' as well as a class action against several large international investment banks alleging cartel conduct.

With the complexity of competing jurisdictions, even within Australia, the chapter provides practitioners and clients with a comprehensive reference point to understand recent developments in Australia, source proven procedures, and to navigate the mix of influences at play in a number of jurisdictions.

Our team considers a number of developments in the publication, providing insights into, among other things, current trends, the regulatory framework, limitation periods, standing and the procedural framework for bringing an action, funding and costs, disclosure, damages and relief, settlement, appeals, alternative dispute resolution and proposals for reform.

These are just some of the insights covered in Practical Law's publication, Class & Collective Action Global Guide.

Read the chapter which expands on the insights covered in this article

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