John Emmerig on Class Action

A SurfStitch in Time: Court Cannot Waive Opt-Out Rights in Australian Class Action

The Situation: The court's general power to make "any order [it] thinks appropriate or necessary to ensure that justice is done" in a class action has been employed to make a wide range of orders, including to remove the...more

12/14/2018 / Australia , Class Action , Class Members , Opt-Outs , Registration Requirement , Settlement Agreements , Statutory Requirements

Privileges Against Self-Incrimination and Penalties to Impact Australian Class Action Strategy

The Background: In a shareholder class action, the plaintiff sought discovery of documents from the defendant partnership in relation to alleged statutory contraventions associated with its role as auditor of a company that...more

11/1/2018 / Australia , Class Action , Discovery , Document Productions , Evidence , Law Firm Partners , Self-Incrimination , Shareholders

Australian Federal Court Adopts Novel Approach in Dealing with Competing Class Actions

The Situation: Competing class actions, particularly in relation to shareholder claims, have increased in Australia and imposed unnecessary costs on respondents. In Perera v GetSwift Limited [2018] FCA 732, Lee J of the...more

6/8/2018 / Abuse of Process , Australia , Case Consolidation , Class Action , Class Members , Litigation Funding , Stays

Australian Federal Court Reforms Class Actions Settlement Practice

A number of Federal Court of Australia judgments in the first half of 2018 have adopted or raised reforms to the mandatory approval process for class action settlements. The reforms mean that the class action settlement...more

5/29/2018 / Amended Legislation , Australia , Class Action , Class Members , Legislative Agendas , Litigation Fees & Costs , Registration Requirement , Settlement Agreements

Class Actions in Australia—2017 Year in Review

Twenty-five years after the introduction of Australia’s federal class action regime, class action law remains a significant element of the country’s litigation landscape. Enhancements to Australia’s class action jurisprudence...more

3/30/2018 / Abuse of Process , Australia , Class Action , Litigation Funding , Right To Appeal , Securities Litigation , Shareholder Litigation

Australian Court Refuses to Stay Overlapping Class Actions

The Background: The defendant was faced with two "open" class actions (i.e. including all putative group members) in relation to the same allegations. The Issue: The defendant sought a court order permanently staying...more

11/13/2017 / Australia , Business Profits , China , Class Action , Class Certification , Litigation Fees & Costs , Litigation Funding , Stays

Australian Appeal Court Endorses Class Action Closure Process but with Warnings

Recently, in Jones v Treasury Wine Estates Limited (No 2) [2017] FCA 296, the Federal Court deviated from past class action practice. Registration was required to facilitate a mediation and group members could only...more

9/9/2017 / Appeals , Australia , Class Action , Final Judgment , Judicial Discretion , Mediation , Registration Requirement , Settlement , Trial Court Orders

Transnational Class Action Dispute Over Oil Spill Commenced in Australia

Following the 2009 Montara Oil Field oil spill in the Timor Sea, an Indonesian seaweed farmer brought a class action in Australia against the operator of the Montara Oil Field. The action was commenced on behalf of a class of...more

5/27/2017 / Australia , Class Action , Class Members , Indonesia , International Litigation , Limitations Act , Oil Spills , Time-Barred Claims

Class Actions in Australia: 2016 in Review

2016 saw a number of transformational developments in class action litigation in Australia, providing further evidence of the impact this form of litigation is having in terms of cost and risk for business. While the year...more

3/22/2017 / Australia , Class Action , Settlement

John Emmerig

Jones Day

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