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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

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

Australian Court Approves Use of U.S. 28 USC § 1782

For the first time, the Federal Court of Australia has allowed the applicants in an Australian proceeding to make applications for orders under 28 USC § 1782. In Lavecky v Visa Inc [2017] FCA 454 ("Lavecky"), the applicants...more

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

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
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