Is There a Need to Reform the Corporate Class Action Procedure in Australia?
School of Law, Deakin University
Macquarie Journal of Business Law, Vol. 8, pp. 134-160, 2011
This article argues for a need to reform the corporate class action procedure in Australia. The reason is that the statutory procedure for an 'opt out' class action is beginning to appear more like an 'opt in' class action. The confusion relates to the poor drafting of Part IVA of the Federal Court of Australia Act 1976, which contains the class action procedure. The involvement of a commercial litigation funder has also contributed to the complexity in the interpretation of the law. The article provides a review of why s.33J and s.33E are conceptually difficult to apply. It highlights the key areas that require legislative amendments in order for the class action procedure to operate more effectively.
Number of Pages in PDF File: 27
Keywords: corporate class action procedure in Australia, 'opt out' mechanism, Federal Court of Australia Act, commercial litigation fundingAccepted Paper Series
Date posted: February 9, 2012
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