Allens

Class Actions

We regularly publish articles on class actions (and related) matters. These publications contain commentary and analysis to help organisations keep up-to-date with and better understand the complex and challenging issues related to class actions.

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Read about Allens' track record in this dynamic area.

Class Actions Publications

  • Client Update: New Federal Court procedure for class actions

    6 July 2010

    The Federal Court has issued a Practice Note relating to the conduct of representative proceedings brought under Part IVA of the Federal Court of Australia Act 1976 (Cth). Partner Ross Drinnan, Senior Associate Jenny Campbell and Lawyer Hayden Smith report on key features of the Practice Note, which is designed to deal with some of the practical aspects of conducting representative proceedings

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  • Focus: Historic decision creates upheaval for US securities class actions

    5 July 2010

    The United States Supreme Court has overturned more than 40 years of jurisprudence of US federal courts by ruling that plaintiffs may only pursue claims alleging securities fraud under the US Securities Exchange Act of 1934 in relation to the sale or purchase of shares in the US or of securities listed on an American domestic stock exchange. As Partner Belinda Thompson and Lawyer Emily Austin explain, the historic decision limits the types of securities class actions that may be brought against foreign companies that are not listed on an American stock exchange

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  • Focus: Clarification of class action funding

    5 May 2010

    In response to a recent Federal Court decision that funded class actions were managed investment schemes as defined in the Corporations Act 2001, the Minister for Corporate Law, Chris Bowen MP, announced yesterday that the Federal Government is drafting regulations to clarify that funded class actions and similar arrangements are not managed investment schemes. Partner Alex Cuthbertson and Senior Associate Kylie Virtue report

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  • Focus: A cross for litigation funding

    22 October 2009

    The Full Court of the Federal Court has held that a litigation funding arrangement constitutes a managed investment scheme. Partner Belinda Thompson and Lawyer Nick Buttner report.

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  • Focus: Access to justice

    25 September 2009

    The Federal Attorney-General has recently released a report by the Access to Justice Taskforce. Its recommendations include a review of the Federal Court class actions regime and a proposal that the civil justice system recover the full public cost of protracted litigation from parties to those proceedings. Partner Peter O'Donahoo and Lawyer John Rainbird report.

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  • Client Update: Complex corporate collapses and schemes of arrangement - Opes Prime

    7 August 2009

    The Federal Court of Australia has approved the Opes Prime schemes of arrangement which not only provide for the release of creditors' claims against the Opes companies, but also claims against their financiers. The decision paves the way for schemes to be used as an efficient mechanism to resolve the multitude of litigation that can flow from complex corporate collapses. Partners Belinda Thompson and Anne Ferguson report

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  • Focus: Another tick for litigation funding

    13 May 2009

    The Federal Court has dismissed an argument that litigation funding arrangements in a class action constituted a managed investment scheme. Partner, Ross Drinnan and Lawyer, Talitha Fishburn, report on the case

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  • Focus: Shareholder class actions - storm clouds gather

    17 March 2009

    Current economic conditions are significantly increasing the risk of listed companies facing a class action claim brought by their shareholders. Against that background, Partner Alex Cuthbertson and Senior Associate Matthew McCarthy look at a number of issues of which listed companies and their directors should be aware

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  • Client Update: Class actions - the Jameson decision

    6 March 2009

    The NSW Court of Appeal has confirmed that class actions may be brought for alleged misleading and deceptive conduct, notwithstanding that the key issues must be individually established for each group member, provided a substantial common issue can be identified. This recent decision also confirms that representative action under the state's UCPR may be brought on behalf of a group defined by reference to entry into a litigation funding agreement, similarly to the position in the Federal Court

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  • Focus: Class Actions - Litigation committees: a new approach to managing multiple class actions?

    16 October 2008

    In a decision handed down last week relating to the Centro class actions, the Federal Court's Justice Finkelstein proposed a new approach to managing multiple class actions - an independently selected litigation committee comprised of class members. The judge stated that a 'litigation committee is the best vehicle to provide the groups' views' and that the court should take this into account when making decisions affecting the operation of class actions

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  • Focus: Civil Justice Reform - VLRC civil justice reform report: class actions

    3 June 2008

    The Victorian Law Reform Commission has conducted a wide-ranging review of the Victorian civil justice system, with a view to reducing the cost, complexity and inefficiency of civil proceedings. Following a lengthy consultation process with stakeholders and the release of two exposure drafts, the VLRC released its Civil Justice Review report on 28 May 2008. Partner Peter O'Donahoo and Senior Associate Susie Stone explore some of the more contentious proposals on class actions and litigation funding

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  • Focus: Multiplex litigation funding decision upheld

    1 February 2008

    The Full Federal Court has upheld Justice Finkelstein's decision at first instance that a represented group in class action proceedings in the Federal Court can be defined by the entry of group members into litigation funding agreements with a litigation funder. Partner Peter O'Donahoo, Senior Associate Duncan Travis and Articled Clerk Emily Austin report on the decision and its implications

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  • Focus: Review of Victoria's civil justice system – part 2

    18 October 2007

    Following its first set of draft civil justice reform proposals of 28 June 2007, the Victorian Law Reform Commission has now released an additional set of draft proposals in its second exposure draft report of 6 September 2007. Partner Peter O'Donahoo, Lawyer Susie Stone and Articled Clerk Adam Butt report

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  • Focus: Is 'fraud on the market' theory heading to Australia?

    8 October 2007

    On 20 September 2007, the Corporations and Markets Advisory Committee released its discussion paper: Shareholder Claims against Insolvent Companies - Implications of the Sons of Gwalia decision. In the Sons of Gwalia decision, the High Court held that a shareholder who had a misleading and deceptive claim could rank as an unsecured creditor

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  • Focus: Review of Victoria's civil justice system

    24 September 2007

    The Victorian Law Reform Commission is currently undertaking a review of Victoria's civil justice system, with a view to reducing the cost, complexity and inefficiency of civil proceedings. As part of that review, the VLRC has released its draft civil justice reform proposals, which it set out in its exposure draft of 28 June 2007.

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  • Client Update: Dispute Resolution - Multiplex decision takes different approach to Aristocrat

    13 August 2007

    Partner Louise Jenkins and Articled Clerk Emily Austin review the recent Federal Court decision in Multiplex, which appears to indicate a growing acceptance by the courts of the role of litigation funding

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  • Biotech News

    6 July 2007

    In this edition: Lawyer Jacqueline Goodall reports on the outcome of three recent decisions by the federal Privacy Commissioner on the protection of health information under privacy law

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