Wilcox J) ('the notion is that they are entitled to take the benefit of, and are bound by, the re... more Wilcox J) ('the notion is that they are entitled to take the benefit of, and are bound by, the result of the proceeding unless they opt out of the proceeding by a specified date').
In Canada and the United States, the ability to bring a class action is dependent on establishing... more In Canada and the United States, the ability to bring a class action is dependent on establishing to the satisfaction of the court that, among other things, the aspiring class representatives will fairly and adequately represent the interests of the class members. No such requirement is imposed on class representatives in Australia by the regimes that authorise and govern class actions in the Federal Court of Australia, the Supreme Court of Victoria and the Supreme Court of New South Wales. But trial judges presiding over class action litigation are expressly empowered to order the substitution of a class representative with another class member where, following the filing of an application by one or more class members, they make the finding that the class representative is not able adequately to represent the interests of the class members. Despite the unique nature of the mechanisms that operate in Australia to regulate the adequacy of the representation of the interests of absent...
"Australia's class action regimes are known internationally because of the significant r... more "Australia's class action regimes are known internationally because of the significant role that commercial litigation funders have, in recent years, played in this type of group litigation. Within Australia the attention of some sectors of the media and many scholars has also been placed on class actions filed on behalf of aggrieved investors. As a result, what has gone largely unnoticed is the significant role that these regimes have played in non-investor actions in providing access to the courts to claimants who would not have been able to commence individual legal proceedings as a result of the socio-economic, health, age-related, psychological and/or intellectual barriers they faced. The aim of this article is to address this lacuna in the jurisprudence on Australian class actions by providing an empirical study of the non-investor class actions that have been filed on behalf of these vulnerable persons in the country's first 22 years of class actions."
Wilcox J) ('the notion is that they are entitled to take the benefit of, and are bound by, the re... more Wilcox J) ('the notion is that they are entitled to take the benefit of, and are bound by, the result of the proceeding unless they opt out of the proceeding by a specified date').
In Canada and the United States, the ability to bring a class action is dependent on establishing... more In Canada and the United States, the ability to bring a class action is dependent on establishing to the satisfaction of the court that, among other things, the aspiring class representatives will fairly and adequately represent the interests of the class members. No such requirement is imposed on class representatives in Australia by the regimes that authorise and govern class actions in the Federal Court of Australia, the Supreme Court of Victoria and the Supreme Court of New South Wales. But trial judges presiding over class action litigation are expressly empowered to order the substitution of a class representative with another class member where, following the filing of an application by one or more class members, they make the finding that the class representative is not able adequately to represent the interests of the class members. Despite the unique nature of the mechanisms that operate in Australia to regulate the adequacy of the representation of the interests of absent...
"Australia's class action regimes are known internationally because of the significant r... more "Australia's class action regimes are known internationally because of the significant role that commercial litigation funders have, in recent years, played in this type of group litigation. Within Australia the attention of some sectors of the media and many scholars has also been placed on class actions filed on behalf of aggrieved investors. As a result, what has gone largely unnoticed is the significant role that these regimes have played in non-investor actions in providing access to the courts to claimants who would not have been able to commence individual legal proceedings as a result of the socio-economic, health, age-related, psychological and/or intellectual barriers they faced. The aim of this article is to address this lacuna in the jurisprudence on Australian class actions by providing an empirical study of the non-investor class actions that have been filed on behalf of these vulnerable persons in the country's first 22 years of class actions."
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