Class actions are one of the most controversial forms of litigation, being both loved and loathed. Class actions were introduced into Australia by Part IVA of the Federal Court of Australia Act 1976 (Cth) which commenced on 4 March 1992. This book uses the 30th anniversary as an opportunity to reflect on the major themes and controversies that have arisen during its operation.
The text examines the initial objectives for the procedure, such as access to justice and the efficient resolution of multiple claims. It also focuses on how the core requirements of the justice system, namely procedural fairness, open justice and finality, apply in the class action context. The text then explores the role of lawyers and litigation funders as necessary contributors of expertise and financing. Lastly, the text examines the class action through a number of theoretical lenses, such as law and economics, comparative law and politics.
The book features chapters from leading Australian and international academics and Australian jurists, including Emeritus Professor Peta Spender, Professor Rachel Mulheron, Justice Jayne Jagot, Justice Bernard Murphy and Justice Michael Lee.
‘All who have to participate in or think about the conduct of such cases now and in the future (whether as practitioner, scholar, student or the legislature) will benefit from this collection of essays.’
The Hon Michelle Gordon AC
Justice of the High Court of Australia
Foreword by The Hon. Michelle Gordon AC
Preface
1. Thirty Years of Class Actions in Australia
Michael Legg and James Metzger
2. Access to Justice and Compensation Through the Class Action
Michael Legg
3. A Tale of Two Interests: Access to Justice and Finality in
Class Action Litigation
The Hon Justice Michael Lee and Emerson Hynard
4. Open Justice and Class Actions: Including a Judicial Perspective
The Hon Justice Jayne Jagot, The Hon Justice Bernard Murphy
and Aaron Moss
5. Due Process in Class Actions
Andrew Higgins
6. Financing and Funding Class Actions: Some Reflections from the
Trenches and the Ivory Tower
Peter Cashman
7. Class Actions: Insights from Regulatory and Institutional Theory
Peta Spender
8. The Law and Economics of Australian Class Actions
Ben Chen and Michael Legg
9. Class Actions in a Democratic Society
James Metzger
10. The Politics of Class Action Reform: Reflections on the
American Experience
Linda S Mullenix
11. Third Party Funding, Class Actions and the Task of Statutory
Interpretation
Rachael Mulheron
Given such developments and debates, the timing of the publication of this 30 Year Perspective is apt. The reflections and commentary contained within this collection of essays serve as an important resource for those seeking to understand these and other critical aspects of the class action regime, and to gain an appreciation of the background and debates which have led to the current framework. The text further makes an important contribution by exploring areas of persisting debate and tension which are expected to increasingly come to the fore in the coming years, including through Karpik and Elliott-Carde…
Together, the 11 chapters in this text encompass both a retrospective review of the evolution of class actions within Australia over the past 30 years, and a prospective consideration of how this form of proceedings may continue to evolve over the next 30 years to come.
Kathleen Morris, Australian Bar Review, 53 (2023)
The Australian Class Action achieves what its editors set out to do: it reflects on the origins of pt IVA of the Federal Court Act, assesses 30 years of developments and proposes amendments to the Act in light of that experience. The book offers a good balance of doctrinal, critical and theoretical perspectives. Many chapters provide a detailed and useful account of the history and state of class actions, while others offer important critiques through political, regulatory and economic lenses. For these reasons, the collection will be a very useful addition to every law school’s and jurist’s library, both in Australia and wherever class actions are litigated.
Jasminka Kalajdzic, Sydney Law Review, VOL 45(3)
The wealth of experience and considered analysis captured within this collection of essays is considerable. The effort which has gone into preparing and collating each paper is evident, and the volume provides an informative and enlightening read that is well worth the time for any practitioner working in the area. Read full review…
James Green, Chapter III, Spring Edition 2023
