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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

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

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

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