Stemming the Flood: Procedural and Ethical Issues Arising from Potential Flood Litigation.
Australian Law Journal, 87 4: 250-258, 2013
9 Pages Posted: 4 Jun 2015
Date Written: 2013
Potential legal action arising from the 2011 Queensland floods raises three interesting issues of procedure and ethics. First, there is the question of the type of group action to be taken, which will depend on the jurisdiction in which the proceedings are commenced. The distinction between class actions (which are not available in Queensland) and representative actions, raises some interesting questions. Secondly, the threatened action involves commercial funding of litigation; and thirdly, is the related issue of advertising for potential claimants by the funders and solicitors. This article examines these issues and some of the surrounding questions.
JEL Classification: k00
Suggested Citation: Suggested Citation