1-10 of 44 results

Allens' submission to the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
Insight 19 Jun 2020

Allens has advocated for reform to the class action regime for many years, including by way of submissions to inquiries conducted by the Australian Law Reform Commission and the Victorian Law Reform Commission. We have made a detailed submission to the current inquiry in which we outline our concerns regarding the increasingly entrepreneurial direction of Australia's class action landscape and advocate for (and against) various reforms. ...

Long overdue – how the new continuous disclosure and litigation funder regulation measures seek to curb entrepreneurial class actions
Insight 28 May 2020

In recent days, the economic uncertainty created by the COVID-19 pandemic has proved the catalyst for the introduction of two long-debated changes to Australia's class action and continuous disclosure regimes. ...

Federal Court refuses to order disclosure of class action respondent's insurance policies
Insight 27 Apr 2020

In contrast to a previous decision, the Federal Court has refused to order the disclosure of the respondent's insurance policies to the applicant in a class action. We explore this decision and also highlight the way in which the court's reasoning differed from a prior decision that found in favour of disclosure. ...

COVID-19 and class action risk – some (early) lessons for Australia from overseas
Insight 16 Apr 2020

As COVID-19 spreads throughout Australia and the world, its impact is being felt across every industry. With the pandemic at a relatively early stage, the virus has disrupted supply chains and shuttered businesses, resulting in record levels of unemployment and unprecedented market volatility. ...

First shareholder class action judgment
Insight 25 Oct 2019

The Federal Court has handed down the first judgment in a shareholder class action. There is plenty in the decision for board members and senior executives to consider in the application of the continuous disclosure laws. ...

Queensland Supreme Court refuses to order disclosure of class action defendant's insurance policy, providing further guidance on the making of such orders
Insight 16 Oct 2019

The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...

Product safety snapshots – year in review
Insight 05 Sep 2019

The last 18 months were a busy time for product safety. Consumers found redress via the courts (in the form of class actions) and the regulator (in the form of product recalls). ...

Federal Court orders disclosure of class action respondent's insurance policies, affirming a recent trend
Insight 12 Aug 2019

In the Radio Rentals Class Action, the Federal Court of Australia has ordered - over the objection of an Insurer - that a respondent disclose its insurance policies to the applicant. ...

A multi-million dollar question – aggregating claims in class actions
Insight 08 Aug 2019

The New South Wales Court of Appeal has held in Bank of Queensland Limited v AIG Australia Limited 1  that, under the terms of a civil liability insurance policy, each Class Member Registration For ...

Class actions and emerging issues
Insight 30 Jul 2019

The nature of Australia's class action landscape has fundamentally changed since the outset of the regimes. ...

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