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Class Action Australia

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
DLA Piper

Australia: Long Awaited Australian Privacy Reform Comes to Fruition

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The Australian Government has today published a draft Bill outlining the next steps in Australia’s Privacy Act Review process.  The changes to be implemented by the Privacy and Other Legislation Amendment Bill 2024 include...more

K&L Gates LLP

Australian Unfair Contract Terms Laws and International Business: High Court Finds Global Contract Subject to Australian Laws and...

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In Brief - The High Court of Australia (the Court) has provided important guidance on the application of Australia’s unfair contract terms (UCT) regime to global standard form contracts, the validity of class action waiver...more

Jones Day

Australian Unfair Contract Terms Regime Renders Foreign Class Action Waiver Clauses Void

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In Short - The Situation: In 2020, a cruise ship in Australian waters, the Ruby Princess, experienced a COVID‑19 outbreak that resulted in an Australian class action. Part of the class were passengers subject to...more

Jones Day

Class Actions Worldview - A Study of Trends Around the Globe: Part III—Australia, Germany, and France

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Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

BCLP

Município de Mariana v BHP Group: the English High Court casts its jurisdictional net wider in the Fundão Dam class action...

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In the High Court’s recent judgment in Município de Mariana & Ors v BHP Group (UK) Limited & Anor the Court found that England was “clearly the appropriate forum” to determine whether Vale SA, a Brazilian company, should...more

White & Case LLP

AI Legal News Summer Roundup: Edition 3

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Welcome to the third edition of our AI Legal News Summer Roundup! After five class actions were filed between June 28 and July 11 (as reported on in our first edition of this series), on July 21, another class action lawsuit...more

Jones Day

Western Australia's New Class Actions Regime Commences

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A significant newly enacted class actions regime has come into force in Western Australia, as of 25 March 2023. The Civil Procedure (Representative Proceedings) Act 2022 (WA) ("Act") was enacted in September 2022,...more

K&L Gates LLP

Will Group Costs Orders "Anchor" Class Actions in Victoria?

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INTRODUCTION - The Victorian Supreme Court is fast becoming the jurisdiction of choice for class actions. This is because on 1 July 2020 the Victorian Supreme Court was given power to make orders permitting a law firm to be...more

Jones Day

Australian Class Actions Update: Class Actions to Remain a Material Risk

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Recent legislative and regulatory developments, including the Federal Government's draft regulations to deregulate litigation funding in class actions and the Civil Procedure (Representative Proceedings) Bill 2021, which...more

Jones Day

Regulation of Class Actions in Australia Revisited … Again

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More Detail: Regulation of Litigation Funding in Class Actions In 2009, the Full Court of the Federal Court of Australia, in Brookfield Multiplex Ltd v International Litigation Funding Partners Pty Ltd [2009] FCAFC 147,...more

White & Case LLP

Sharma v Minister for the Environment: A setback for climate change claimants as landmark decision is overturned on appeal

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In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more

Jones Day

Climate Change Class Action Relating to Australian Sovereign Bonds Permitted to Proceed

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The Applicant's Claims - In July 2020, Ms. Kathleen O'Donnell commenced a representative proceeding on her own behalf and on behalf of all persons who at any time on or since 7 July 2020 have acquired certain types of...more

Jones Day

Victorian Supreme Court Denies First Ever Contingency Fee Applications in Class Actions

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The Facts  The plaintiffs in two separate class actions (Fox v Westpac Banking Corporation & Anor (Fox) and Crawford v Australia and New Zealand Banking Group Ltd & Ors (Crawford)) sought GCOs from the court pursuant to the...more

Jones Day

Australian Federal Government Proposes Major Class Action Law Reforms

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Proposed Reforms - The Draft Bill makes clear that 'a class action litigation funding scheme' is an MIS, in line with an earlier ruling of the Federal Court of Australia in Brookfield Multiplex Limited v International...more

Jones Day

Australia's Full Federal Court Affirms That Judicial Impartiality Overrides Case Management Considerations

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The Situation: It is increasingly common for Australian class actions to be brought by private plaintiffs at the same time as regulatory proceedings are brought by Australia's corporate, competition and other regulators in...more

Jones Day

Australian High Court Rejects "First to File" Approach to Choosing Between Competing Class Actions

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There is no "one size fits all" approach to competing class actions. Five competing and overlapping shareholder class actions were commenced in two separate Australian courts against AMP Limited. All actions were...more

Jones Day

Slowing the Growth of Shareholder Class Actions? Australia Announces Permanent Changes to Continuous Disclosure Laws

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The Situation: Australia's Federal Government has announced that it intends to make permanent reforms introduced during the COVID-19 pandemic to continuous disclosure requirements for ASX-listed companies. The temporary...more

Jones Day

'Put the Brakes on Class Actions': Australian Parliamentary Joint Committee Report

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The Situation: Australia has become a hot spot for class actions fueled in large part by litigation funders, who have operated for many years in a largely unregulated market and have derived spectacular returns from their...more

Jones Day

Accountability for Cybersecurity in Australia—A Major Regulatory and Litigation Risk

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There are showers, there are squalls, and there are storms. The growth in cybersecurity attacks in Australia, as in much of the world, is a storm and Australian companies need to batten down the hatches. In the period from 1...more

Jones Day

Class Action Suit Filed in Australia Opposes Coal Expansion Project on Behalf of Global Youth

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On September 8, 2020, the law firm Equity Generation Lawyers filed a class action on behalf of young people globally, seeking an injunction to restrain the Australian Government's Minister for the Environment, Sussan Ley,...more

Jones Day

Australian Court of Appeal Endorses Stay of Competing Class Actions

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The Background: The competing class actions, particularly in relation to shareholder claims, have increased in Australia due to the incentives in the Australian legal market, namely minimal regulation of litigation funding...more

Jones Day

2018–2019 Australian Class Actions Review

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This is Jones Day's fifth review of Australian class actions developments. The White Paper reviews the class actions that were commenced and settled in 2018–2019. The White Paper also examines the types of novel claims that...more

Jones Day

Class Action Reform Imminent in Western Australia

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The Situation: The Parliament of Western Australia has introduced new legislation to modernise the State's class action regime (which is seen to be outdated, uncertain and silent on many important procedural aspects of...more

Jones Day

Data Breach Class Actions in Australia

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Australia has started to observe a rise in the number of data breach class actions being investigated and filed, although there has not yet been a successful data breach class action there. A range of factors are at play...more

Jones Day

Supreme Court of New South Wales Relaxes Requirements for Class Actions

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The Situation: Fernandez & Anor v State of New South Wales & Ors [2019] NSWSC 255 raised the question: In a situation where there are multiple defendants, is it necessary that a class representative have a claim against each...more

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