Class actions have been a feature of the litigation landscape in the USA for decades. Claimant-friendly procedures combined with an aggressive and well-funded plaintiffs’ bar have created fertile ground for these large,...more
10/5/2023
/ Antitrust Violations ,
Class Action ,
Consumer Privacy Rights ,
Data Breach ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Services Industry ,
Labor Law Violations ,
Litigation Funding ,
Technology Sector ,
UK
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
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
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
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
The Situation: Following a boom in class actions backed by litigation funders, the Australian Federal Government has introduced new regulations which classify litigation funding schemes as "managed investment schemes" and...more
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
8/16/2019
/ Australia ,
Class Action ,
Climate Change ,
Employment Litigation ,
Financial Services Industry ,
International Litigation ,
Litigation Funding ,
Securities Litigation ,
Settlement Agreements ,
Shareholder Litigation ,
Strict Product Liability ,
Superannuation
The Situation: Litigation funding is a major driver of Australian class actions. Challenges to common fund orders were mounted in the Federal Court and Supreme Court of New South Wales by defendants.
The Decision: After a...more
Courts Empowered, More Action Needed on Shareholder Claims and Contingency Fee for Class Action Lawyers to Increase Class Action Activity -
The Australian Law Reform Commission Class Action and Litigation Funding Report...more
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
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
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