Australia has one of the better, more well balanced, functioning class action procedures in the world, facilitating appropriate access to justice without the excesses seen by defendants in some other jurisdictions. The balance is struck between, on the one hand, appropriate consumer protection legislation and working, class action rules and processes and, on the other hand, an adverse costs regime, no juries and no punitive or exemplary damages.
Partner Robert Johnston, and Senior Associates Nicholas Briggs and Sara Gaertner provide guidance on Australia’s class actions, including insights on some of the latest developments related to common fund orders, market-based causation, competing class actions, litigation funding and contingency fees. They also provide a detailed look at local procedures including the types of actions available, commencing proceedings, procedural rules, damages and costs and cross border issues.
On 12 May, the UK High Court refused permission for environmental group ClientEarth to continue its claim against the directors of Shell plc (Directors) for their alleged failure to manage climate...
Partners Robert Johnston, Felicity Karageorge, Rena Solomonidis, Special Counsel Nicholas Briggs and Senior Associate Sara Gaertner have written the Australian chapter in The Law Reviews 7th...
On 24 March 2023, the Civil Procedure (Representative Proceedings) Act 2022 (WA Act) commenced. The WA Act introduces an updated and more cohesive mechanism for bringing class actions in WA.