Access to Justice and the Evolution of Class Action Litigation in Australia

42 Pages Posted: 23 Sep 2015

See all articles by Bernard Murphy

Bernard Murphy

Maurice Blackburn Cashman Lawyers

Camille Cameron

Dalhousie University - Schulich School of Law; University of Windsor - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: September 3, 2015

Abstract

The federal and Victorian class action regimes are intended to facilitate aggregation of multiple claims. Aggregation can improve efficiency by combining similar claims and can enhance access to justice by providing a mechanism to litigate small claims. This article considers whether these efficiency and access aims are being achieved. The authors argue that whilst some developments in class action jurisprudence have been consistent with these legislative aims, other have not. Several features of Australian class action jurisprudence and practice have hampered the healthy development of the legislative regimes, including adverse costs orders, unclear threshold requirements, evasive posturing and unresolved class communication issues. Finally, having identified these difficulties, the authors propose reform possibilities and priorities.

Keywords: Access to Justice, Class Action Litigation, Australia

JEL Classification: K00, K41

Suggested Citation

Murphy, Bernard and Cameron, Camille, Access to Justice and the Evolution of Class Action Litigation in Australia (September 3, 2015). Melbourne Univeristy Law Review, Vol. 30, No. 2, 2006, Available at SSRN: https://ssrn.com/abstract=2655769

Bernard Murphy

Maurice Blackburn Cashman Lawyers ( email )

Australia

Camille Cameron (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4 N9B 3P4
Canada

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