Australian Annotated Class Actions Legislation, 3rd edition

Offers updated commentary, legislative annotations and practical guidance for legal practitioners.

by Michael Legg (Author) , Ross McInnes (Author)

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Book:Paperback
ISBN/ISSN: 9780409355901
Release Date: July 24, 2023
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Price
AUD$ 250.00
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eBook:ePub
ISBN/ISSN: 9780409355918
Release Date: July 24, 2023
Price
AUD$ 250.00
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Product description

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.

Features

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

Related Titles

• Legg, Resolving Civil Disputes, 2nd edition

 

Featured Authors

Michael Legg
Ross McInnes

Michael Legg

Michael Legg is a Professor at UNSW Law & Justice, Australia. His research covers a diverse range of areas in civil dispute resolution from both a doctrinal and a policy perspective, including case management, alternative dispute resolution, class actions, regulatory litigation include the impact of technology and innovation on dispute resolution, access to justice and the legal profession. Michael is a member of the Australian Academy of Law, the Federal Court of Australia’s Class Action Users’ Group and the Law Council of Australia Class Actions Committee.

View all books by Michael Legg (2)

Ross McInnes

Ross McInnes is a Partner at Clayton Utz with a practice that traverses the lifecycle of mass consumer disputes — from early investigation and regulatory engagement to developing and implementing remediation programs and managing litigation and major class action disputes. Ross has developed a specialist class actions skill-set from running and managing large-scale class action litigation throughout his career. He has successfully defended a range of Australia's largest and most complex class action claims.

View all books by Ross McInnes (1)

Table of contents


     
  • Chapter 1: Introduction

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  • Chapter 2: Interpretation: s 33A

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  • Chapter 3: Application: s 33B

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  • Chapter 4: Commencement of Proceedings: s 33C

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  • Chapter 5: Standing: s 33D

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  • Chapter 6: Consent to be a Group Member: S 33E

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  • Chapter 7: Persons Under Disability: S 33F

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  • Chapter 8: Representative Proceedings Not to be Commenced in Certain Circumstances: s 33G

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  • Chapter 9: Pleading Requirements and Commencement of Proceeding: S 33H

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  • Chapter 10: Right of Group Member to Opt Out: s 33J

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  • Chapter 11: Altering the Group Description: s 33K

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  • Chapter 12: Court Powers Concerning Group Membership: s 33KA (Vic only)

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  • Chapter 13: Fewer Than Seven Group Members: s 33L

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  • Chapter 14: Cost of Distributing Money Excessive: s 33M

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  • Chapter 15: Proceedings not Continue as Representative Proceedings: s 33N

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  • Chapter 16: Consequences of Proceedings Not Continuing Under This Part: s 33P

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  • Chapter 17: Not All Issues Common: s 33Q

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  • Chapter 18: Individual Issues: s 33R

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  • Chapter 19: Directions Relating to Commencement of Further Proceedings: s 33S

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  • Chapter 20: Adequacy of Representation: s 33T

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  • Chapter 21: Stay of Execution: s 33U

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  • Chapter 22: Settlement and Discontinuance of a Representative Proceeding: s 33V

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  • Chapter 23: Settlement of Individual Claim of Representative Party: s 33W

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  • Chapter 24: Notice of Certain Matters: s 33X

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  • Chapter 25: Notices: s 33Y

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  • Chapter 26: Judgment – Powers of the Court: s 33Z

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  • Chapter 27: Constitution of Fund: s 33ZA

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  • Chapter 28: Effect of Judgment: s 33ZB

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  • Chapter 29: Appeals to the Court: s 33ZC

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  • Chapter 30: Appeals to the High Court: s 33ZD

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  • Chapter 31: Suspension of Limitation Periods: s 33ZE

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  • Chapter 32: General Power of Court to Make Orders: s 33ZF

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  • 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)

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  • Chapter 34: Group Costs Orders: s 33ZDA (Vic)

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  • Chapter 35: Special Provision Relating to Claims Under Part VI of the Competition and Consumer Act 2010: s 33ZH

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  • Chapter 36: Reimbursement of a Representative Party’s Costs: s 33ZJ

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  • Chapter 37: Order May Specify a Date by which Group Members Must Take a Step: Supreme Court Act 1986 (Vic) s 33ZG

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  • Chapter 38: Order in Event of Decision or Admission on Liability: Supreme Court Act 1986 (Vic) s 33ZH

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  • Chapter 39: Transitional Provisions: Supreme Court Act 1986 (Vic) s 33ZK

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  • Chapter 40: Power of Court to make rules: Civil Procedure (Representative Proceedings) Act 2022 (WA) s 35

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  • Chapter 41: Abolition of Torts of Maintenance and Champerty: Civil Procedure (Representative Proceedings) Act 2022 (WA) s 36

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  • Chapter 42: Review of the Act: Civil Procedure (Representative Proceedings) Act 2022 (WA) s 37

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