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The Australian Class Action

A 30 Year Perspective







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AUD $180.00 gst included

SKU: 9781760024253 Category:

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


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
Rachael Mulheron

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

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