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Class Actions

Published: December 2018


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  • 1.

    Outline the organisation of your court system as it relates to collective actions. In which courts may class actions be brought?

  • 2.

    How common are class actions in your jurisdiction? What has been the recent attitude of lawmakers and the judiciary to class actions?

  • 3.

    What is the legal basis for class actions? Is it derived from statute or case law?

  • 4.

    What types of claims may be filed as class actions?

  • 5.

    What relief may be sought in class proceedings?

  • 6.

    Is there a process for consolidating multiple class action filings?

  • 7.

    How is a class action initiated?

  • 8.

    What are the standing requirements for a class action?

  • 9.

    Do members of a class have to opt in or opt out of the action? Are class members notified that an action has been commenced on their behalf and, if so, how?

  • 10.

    What are the requirements for a case to be filed as a class action?

  • 11.

    How does a court determine whether the case qualifies for a collective or class action?

  • 12.

    How does discovery work in class actions?

  • 13.

    Describe the process and requirements for approval of a class-action settlement.

  • 14.

    May class members object to a settlement? How?

  • 15.

    What is the preclusive effect of a final judgment in a class action?

  • 16.

    What type of appellate review is available with respect to class action decisions?

  • 17.

    What role do regulators play in connection with class actions?

  • 18.

    What role does arbitration play in class actions? Can arbitration clauses lawfully contain class-action waivers?

  • 19.

    What are the rules regarding contingency fee agreements for plaintiffs’ lawyers in a class action?

  • 20.

    What are the rules regarding a losing party’s obligation to pay the prevailing party’s attorneys’ fees and litigation costs in a class action?

  • 21.

    Is third-party funding of class actions permitted?

  • 22.

    Can plaintiffs sell their claim to another party?

  • 23.

    If distribution of compensation to class members is problematic, what happens to the award?

  • 24.

    Describe any incentives the civil or criminal systems provide to facilitate follow-on actions.

  • Updates and trends

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Clayton Utz is a leading Australian law firm with a uniquely independent and diverse culture and service offering.  The firm has 169 partners and over 1,300 employees working seamlessly across offices in Sydney, Melbourne, Brisbane, Canberra, Perth and Darwin, and international capability through relationships with best-in-market firms around the world.

View more information about Clayton Utz

Level 15
1 Bligh Street
NSW 2000
T: +61 2 9353 4000
F: +61 2 8220 6700


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