Michael Legg on Class Members

Western Australia's New Class Actions Regime Commences

A significant newly enacted class actions regime has come into force in Western Australia, as of 25 March 2023. The Civil Procedure (Representative Proceedings) Act 2022 (WA) ("Act") was enacted in September 2022,...more

4/5/2023 / Australia , Class Action , Class Members

Australian Class Actions Update: Class Actions to Remain a Material Risk

Recent legislative and regulatory developments, including the Federal Government's draft regulations to deregulate litigation funding in class actions and the Civil Procedure (Representative Proceedings) Bill 2021, which...more

11/11/2022 / Australia , Class Action , Class Members , Litigation Funding

Australian High Court Rejects "First to File" Approach to Choosing Between Competing Class Actions

There is no "one size fits all" approach to competing class actions. Five competing and overlapping shareholder class actions were commenced in two separate Australian courts against AMP Limited. All actions were...more

3/17/2021 / Australia , Class Action , Class Members , First-to-File , Litigation Funding , Shareholder Litigation , Shareholders , Supreme Court of New South Wales

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

Class Action Reform Imminent in Western Australia

The Situation: The Parliament of Western Australia has introduced new legislation to modernise the State's class action regime (which is seen to be outdated, uncertain and silent on many important procedural aspects of...more

7/12/2019 / Australia , Class Action , Class Members , Global Disputes , Legislative Agendas , Limitation Periods , Tort Reform

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

A SurfStitch in Time: Court Cannot Waive Opt-Out Rights in Australian Class Action

The Situation: The court's general power to make "any order [it] thinks appropriate or necessary to ensure that justice is done" in a class action has been employed to make a wide range of orders, including to remove the...more

12/14/2018 / Australia , Class Action , Class Members , Opt-Outs , Registration Requirement , Settlement Agreements , Statutory Requirements

Australian Federal Court Adopts Novel Approach in Dealing with Competing Class Actions

The Situation: Competing class actions, particularly in relation to shareholder claims, have increased in Australia and imposed unnecessary costs on respondents. In Perera v GetSwift Limited [2018] FCA 732, Lee J of the...more

6/8/2018 / Abuse of Process , Australia , Case Consolidation , Class Action , Class Members , Litigation Funding , Stays

Australian Federal Court Reforms Class Actions Settlement Practice

A number of Federal Court of Australia judgments in the first half of 2018 have adopted or raised reforms to the mandatory approval process for class action settlements. The reforms mean that the class action settlement...more

5/29/2018 / Amended Legislation , Australia , Class Action , Class Members , Legislative Agendas , Litigation Fees & Costs , Registration Requirement , Settlement Agreements

Transnational Class Action Dispute Over Oil Spill Commenced in Australia

Following the 2009 Montara Oil Field oil spill in the Timor Sea, an Indonesian seaweed farmer brought a class action in Australia against the operator of the Montara Oil Field. The action was commenced on behalf of a class of...more

5/27/2017 / Australia , Class Action , Class Members , Indonesia , International Litigation , Limitations Act , Oil Spills , Time-Barred Claims

Michael Legg

Jones Day

Popular Topics by This Author

Latest Posts › Class Members