An Empirical Analysis of Appeals by Class Members in Australia's Federal Class Actions

42 Common Law World Review, pp. 240-268, 2013

29 Pages Posted: 16 Sep 2013

See all articles by Vince Morabito

Vince Morabito

Monash University - Department of Business Law and Taxation

Date Written: September 2, 2013

Abstract

Australia was one of the first countries to emulate the United States by introducing class actions. But, unlike their American federal counterparts, the drafters of the three class action regimes that are in operation in Australia chose to expressly deal with and regulate the ability of class members (who are bound by, but not formal parties to, the class action litigation) to file an appeal, where the class representative is unwilling or unable to take such a step, from judicial orders that are adverse to their interests. Despite the fact that the ability to file an appeal represents one of the most significant powers available to Australian class members to ensure that their interests are protected in the litigation (without the involvement of the class representatives), these appeal mechanisms have not been the subject of critical analysis by Australian scholars. The aim of this article is to address this lacuna in the legal literature by reviewing the aims, essential features and operation of the provision that governs the ability of class members to file appeals in Australia’s longest running class action regime, which has been regulating class actions in the Federal Court of Australia since March 1992. For this purpose, the findings that have emerged from the first-ever empirical study of this regime, that the author has recently conducted, will be employed. References will also be made to the corresponding provisions found in the two other Australian class action regimes, which operate in the Supreme Courts of Victoria and New South Wales, and to the American and Canadian experience with appeals by class members.

Keywords: class actions, Australia, Canada, United States, appeals by class members, empirical study, class action settlements, objectors

Suggested Citation

Morabito, Vince, An Empirical Analysis of Appeals by Class Members in Australia's Federal Class Actions (September 2, 2013). 42 Common Law World Review, pp. 240-268, 2013, Available at SSRN: https://ssrn.com/abstract=2326296

Vince Morabito (Contact Author)

Monash University - Department of Business Law and Taxation ( email )

Caulfield Campus
Sir John Monash Drive
Caulfield East, Victoria 3084
Australia

HOME PAGE: http://directory.monash.edu.au/cgi-bin/staffsearch/staffsearch

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
158
Abstract Views
486
rank
255,952
PlumX Metrics