Book contents
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- Part II The Americas
- Part III Europe
- Part IV Asia and the South Pacific
- 16 The Emergence and Reform of the New Zealand Class Action
- 17 Representative Proceedings in Singapore
- 18 Class Action in China
- 19 Class Actions in Australia
- 20 Empirical and Practical Perspectives on Twenty-Seven Years of Product Liability Class Actions in Australia
- 21 Securities Class Actions in Korea
- 22 A Review of the Current Status of, and Future Issues Facing, Consumer Class Action Systems in Japan
- 23 The Indian Securities Fraud Class Action
- Part V Middle East and Africa
19 - Class Actions in Australia
from Part IV - Asia and the South Pacific
Published online by Cambridge University Press: 29 January 2021
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- Part II The Americas
- Part III Europe
- Part IV Asia and the South Pacific
- 16 The Emergence and Reform of the New Zealand Class Action
- 17 Representative Proceedings in Singapore
- 18 Class Action in China
- 19 Class Actions in Australia
- 20 Empirical and Practical Perspectives on Twenty-Seven Years of Product Liability Class Actions in Australia
- 21 Securities Class Actions in Korea
- 22 A Review of the Current Status of, and Future Issues Facing, Consumer Class Action Systems in Japan
- 23 The Indian Securities Fraud Class Action
- Part V Middle East and Africa
Summary
In drafting the first Australian class actions regime under Part IVA of the Federal Court of Australia Act 1976 (Cth) (FCAA), the Commonwealth legislature had the difficult task of creating a procedure that was appropriate for the Australian jurisdiction, including being in keeping with its litigation culture, while also learning from the procedures already employed in the United States and Canada. After twenty-seven years of federal class actions, it can be said that Australia has fashioned in Part IVA an effective and efficient framework for resolving mass litigation, accompanied by a robust body of jurisprudence. Equally, class action practice in Australia has evolved in ways that would have been beyond the reasonable comprehension of those who initially drafted Part IVA, third-party litigation funding being a key development. This chapter tells the story of Part IVA’s creation and maturation, providing an overview of the jurisprudence that has characterised its evolution, as well as an account of contentious issues at the forefront of modern class action practice.
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- The Cambridge Handbook of Class ActionsAn International Survey, pp. 366 - 390Publisher: Cambridge University PressPrint publication year: 2021
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