The book is a practical guide to Australian class action law and practice. It examines in detail federal and state class action statutory provisions and case law along with the representative action procedures available under the rules of the various Australian courts. There is also detailed coverage of statutory provisions which facilitate class action or group proceedings in the areas of discrimination, migration, trade practices, corporations law, industrial relations and privacy.
In addition to a review of relevant statutory provisions, case law and procedural rules the book examines laws relating to fee arrangements, the funding of class action litigation and costs.
Numerous legal and practical issues relating to the commencement, conduct and conclusion of class action and representative proceedings are reviewed. The use of class actions in particular areas of law is examined with particular reference to toxic torts, product liability, investor litigation, price fixing, immigration and human rights.
The book also provides comparative information on class action litigation in other jurisdictions including England and Wales, Canada and the United States. This includes an examination of the potential for Australian claimants to bring proceedings in foreign jurisdictions.
The author has had considerable practical experience in the conduct of group and class action proceedings before Australian, English and United States courts and has taught litigation and a post graduate course on class actions and complex litigation at the University of Sydney Law School. The book will be of particular interest to litigation lawyers, academics, law students and members of the community with an interest in class action law and practice.
...Dr Cashman is in a unique position to survey not only the history but the current state of the law in several jurisdictions; developments that are happening overseas; and the way such actions can be organised, funded and brought to a successful conclusion. For the opponents of class actions, this book is a devil’s catechism. For supporters, it will be an indispensable “how to do it”...
Dr Cashman will be one of the leading Australian experts in the field. He is to be praised for his uniquely devoted work on this subject and for his willingness to share his knowledge and experience in this useful text.... - From the Foreword by The Honourable Justice Michael Kirby, High Court of Australia
Table of Contents
Overview of Class Action and Representative Action Laws and Procedure Rules
Representative Action Rules in Australia
Fees and the Funding of Class Action Proceedings
Commencing a Class Action
Conducting a Class Action
Concluding a Class Action
Costs in Class Actions
Class Actions in Particular Areas of Law
Representative and Class Actions under Other Statutory Provisions
Class Action Litigation in Other Jurisdictions