Australian Annotated Class Actions Legislation, 3rd edition
Offers updated commentary, legislative annotations and practical guidance for legal practitioners.
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Australian Annotated Class Actions Legislation provides a section-by-section analysis of the legislative regimes in the Federal Court, Victoria, New South Wales, Queensland, Tasmania and Western Australia and relevant case law in an easily accessible format for the busy practitioner.
Class actions are an established and increasing part of the Australian legal landscape with more and more law firms, not traditionally involved in class actions, needing access to up-to-date information on this growing area of law.
Australian Annotated Class Actions Legislation will provide:
• commentary, annotations to the legislation, and practical guidance for legal practitioners
• up-to-date legislation and case law analysis
• a multi-jurisdictional approach including comparative table of provisions for Cth, Vic, NSW, Qld, Tasmania, WA
• Legg, Resolving Civil Disputes, 2nd edition
Table of contents
- Chapter 1: Introduction
- Chapter 2: Interpretation: s 33A
- Chapter 3: Application: s 33B
- Chapter 4: Commencement of Proceedings: s 33C
- Chapter 5: Standing: s 33D
- Chapter 6: Consent to be a Group Member: S 33E
- Chapter 7: Persons Under Disability: S 33F
- Chapter 8: Representative Proceedings Not to be Commenced in Certain Circumstances: s 33G
- Chapter 9: Pleading Requirements and Commencement of Proceeding: S 33H
- Chapter 10: Right of Group Member to Opt Out: s 33J
- Chapter 11: Altering the Group Description: s 33K
- Chapter 12: Court Powers Concerning Group Membership: s 33KA (Vic only)
- Chapter 13: Fewer Than Seven Group Members: s 33L
- Chapter 14: Cost of Distributing Money Excessive: s 33M
- Chapter 15: Proceedings not Continue as Representative Proceedings: s 33N
- Chapter 16: Consequences of Proceedings Not Continuing Under This Part: s 33P
- Chapter 17: Not All Issues Common: s 33Q
- Chapter 18: Individual Issues: s 33R
- Chapter 19: Directions Relating to Commencement of Further Proceedings: s 33S
- Chapter 20: Adequacy of Representation: s 33T
- Chapter 21: Stay of Execution: s 33U
- Chapter 22: Settlement and Discontinuance of a Representative Proceeding: s 33V
- Chapter 23: Settlement of Individual Claim of Representative Party: s 33W
- Chapter 24: Notice of Certain Matters: s 33X
- Chapter 25: Notices: s 33Y
- Chapter 26: Judgment – Powers of the Court: s 33Z
- Chapter 27: Constitution of Fund: s 33ZA
- Chapter 28: Effect of Judgment: s 33ZB
- Chapter 29: Appeals to the Court: s 33ZC
- Chapter 30: Appeals to the High Court: s 33ZD
- Chapter 31: Suspension of Limitation Periods: s 33ZE
- Chapter 32: General Power of Court to Make Orders: s 33ZF
- Chapter 33: Group Member Costs (s 43(1A) (Cth), s 33ZD (Vic), s 181 (NSW), s 103ZB (Qld), s 89A (Tas), s 31 (WA)); Saving of Rights, Powers etc (s 33ZG)
- Chapter 34: Group Costs Orders: s 33ZDA (Vic)
- Chapter 35: Special Provision Relating to Claims Under Part VI of the Competition and Consumer Act 2010: s 33ZH
- Chapter 36: Reimbursement of a Representative Party’s Costs: s 33ZJ
- Chapter 37: Order May Specify a Date by which Group Members Must Take a Step: Supreme Court Act 1986 (Vic) s 33ZG
- Chapter 38: Order in Event of Decision or Admission on Liability: Supreme Court Act 1986 (Vic) s 33ZH
- Chapter 39: Transitional Provisions: Supreme Court Act 1986 (Vic) s 33ZK
- Chapter 40: Power of Court to make rules: Civil Procedure (Representative Proceedings) Act 2022 (WA) s 35
- Chapter 41: Abolition of Torts of Maintenance and Champerty: Civil Procedure (Representative Proceedings) Act 2022 (WA) s 36
- Chapter 42: Review of the Act: Civil Procedure (Representative Proceedings) Act 2022 (WA) s 37
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