Known unknowns: Discovery and particulars of group members in class actions
Two recent Victorian cases have given further - if slightly contradictory - guidance on when a defendant might get an order for particulars or discovery when there is a closed class group definition...
View ArticleASIC issues litigation funding guidance
Recognising the impact that funders have on the legal landscape in Australia, Ross McInnes ask if we should be content with ASIC's light touch regulatory approach in Regulatory Guide 248.
View ArticleIs Australia the new class action frontier?
A plaintiff-friendly legal system, plaintiff law firms and litigation funders have combined to make Australia one of the hot spots for class actions.
View ArticleAfter 20 years, action industry finds a class of its own
Stuart Clark surveys the first 20 years of the class actions regime in Australia, and finds that while it's matured, it has yet to reach its full potential.
View ArticleAttacking the straw man: security for costs in class action proceedings
Ross McInnes and Kristen Zornada explain why the Full Federal Court's decision to order security for costs should give respondents in representative proceedings some comfort.
View ArticleIn whose interest? Identifying the issues in proportionate liability litigation
There are many aspects of the proportionate liability schemes that will add to the uncertainty of litigation for many years to come
View ArticleBut for still a necessary condition for causation
The "but for" test is a useful starting point for determining whether a defendant's negligence caused or materially contributed to the harm suffered by the plaintiff.
View ArticleThe International Comparative Legal Guide to Class and Group Actions 2014
Colin Loveday and Andrew Morrison explain the basics of Class and Group Actions. This article appeared in the 2014 edition of The International Comparative Legal Guide to: Class Actions, published by...
View ArticleClass actions undercut by insurance
It is possible for a successful class action to turn out to be almost worthless, according to a new Federal Court decision. Fred Hawke and Mark Waller see what this means for future class actions, and...
View ArticleProportionate liability and contract certainty
Fred Hawke considers the interaction of the proportionate liability regimes with contract law and possible impact upon contract certainty in the allocation of risk and responsibility for losses under...
View ArticleDuty of care where loss is pure economic loss? Makawe Pty Ltd v Randwick City...
In finding a duty of care for pure economic loss, the court will identify all the salient features, consider them, and then synthesise those considerations and their relative importance.
View ArticleAnother successful CLE Intensive series draws to a close
Clayton Utz clients in three cities got a great opportunity to get many CLE points in one hit at our CLE Intensive.
View ArticleLitigation and Dispute Resolution Insights
This issue includes: Prudential regulation catches up with litigation funding; Plaintiffs queuing up to play the blame game post-GFC; Australia to join Hague Service Convention; Recovering damages for...
View ArticleLitigation and Dispute Resolution Insights
This issue includes: What do in-house counsel really need to know about exclusion clauses?;
View ArticleAustralian shareholders, an Australian company... a US class action? US...
The globalisation of financial markets has increased the incidence of global fraud. However, regulation, especially in the sense of private enforcement through class actions, depends on a political and...
View ArticleClass Actions in Australia - An Overview
Stuart Clark and Colin Loveday explain Australia's system of class actions.
View ArticleLitigation and Dispute Resolution Insights
This issue includes: Legal advice privilege and communications with third parties; Federal Government stitches up defendants' deep pockets in section 52 claims; Sex, drugs and breach of confidence;...
View ArticleLitigation and Dispute Resolution Insights
This issue includes: The growth of commercial litigation funding; ASIC can continue investigating even though it has commenced proceedings; Shareholders' rights to inspect the company's books; Here's...
View ArticleFurthering the reach of class actions: Gray v Cash Converters
Must each class member have a claim against each respondent? A new decision of the Federal Court might help resolve this long-running controversy, as Ross McInnes and Nina Markovic explain.
View ArticleShareholder class actions dodge a bullet
By allowing the defendants to challenge the presumption of reliance at an early stage, the US Supreme Court in Halliburton took a small step forward in reducing the costs of shareholder claims. Ross...
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