The Australian class action : a 30-year perspective / Michael Legg, James Metzger, forward by The Hon Michelle Gordon.

Alexandria, N.S.W. : The Federation Press, 2023.

1st edition

200634

Class actions (Civil procedure) -- Australia.

Law reform -- Australia.

1. Thirty years of class actions in Australia

2. Access to justice and compensation through the class action

3. A tale of two interests: access to justice and finality in class action litigation

4. Open justice and class actions: including a judicial perspective

5. Due process in class actions

6. Financing and funding class actions: some reflections from the trenches and the ivory tower

7. Class actions: insights from regulatory and institutional theory

8. The law and economics of Australian class actions

9. Class actions in a democratic society

10. The politics of class action reform: reflections on the American experience

11. Third party funding, class actions and the task of statutory intepretation.

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. - Publisher's website.

Includes table of cases and table of statutes.

9781760024253

xxiii, 312 pages ; 25 cm