Michael Legg

Jones Day

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Australian Court of Appeal Endorses Stay of Competing Class Actions

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

10/29/2019 / Abuse of Process , Australia , Class Action , Class Members , Class Representatives , Corporate Counsel , Litigation Fees & Costs , Rules of Civil Procedure , Stays , Supreme Court of New South Wales

Supreme Court of New South Wales Relaxes Requirements for Class Actions

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

4/10/2019 / Australia , Class Action , Class Members , Class Representatives , Corporate Counsel , Jurisdiction , Rules of Civil Procedure , Supreme Court of New South Wales

Common Fund Orders in Australian Class Actions Permitted in "Super" Appeal

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

3/26/2019 / Class Action , Funding Requirements , Judicial Discretion , Litigation Funding , Rules of Civil Procedure

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