Category: Class Actions

ALRC’s Recent Report on the Class Actions Regime: Key Recommendations

On 24 January 2019, the Australian Law Reform Commission issued a report entitled Integrity, Fairness and Efficiency – an Inquiry into Class Actions Proceedings and Third-Party Litigation Funders. The ALRC report sets out a comprehensive analysis of the current Australian class actions framework and makes 24 recommendations in relation to the regulation of class action proceedings and funding arrangements.  Key aspects of the recommendations are set out below.

The Hastie Class Action: the Privileges of Partnership?

All partners can potentially be liable for wrongs committed by any one partner, so can a partnership claim the privileges against self-incrimination and exposure to civil penalties? In some “extraordinary and troubling” circumstances, the Federal Court recently determined whether Deloitte Touche Tohmatsu could claim the privileges.

Court of Appeal clarifies lead plaintiffs’ authority to settle class actions

The Victorian Court of Appeal has ruled that a settlement deed containing releases and acknowledgements beyond the scope of common issues in the Great Southern class action is binding upon group members, despite the High Court’s holding that representative plaintiffs and group members are not privies in relation to uncommon issues.

Bendigo and Adelaide Bank Ltd v Pekell Delaire Holdings Pty Ltd [2017] VSCA 51 

Class Actions: the not-so-final frontier

The interplay between the Anshun principle and class actions has been examined in detail by the High Court, which determined that class members are not precluded from raising individual issues and un-pleaded common issues by reason of their being a class member.