Is there a need to reform the corporate class action procedure in Australia?

Thai, Lang 2011, Is there a need to reform the corporate class action procedure in Australia?, Macquarie journal of business law, vol. 8, pp. 134-160.

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Title Is there a need to reform the corporate class action procedure in Australia?
Author(s) Thai, Lang
Journal name Macquarie journal of business law
Volume number 8
Start page 134
End page 160
Publisher Macquarie University, School of Law
Place of publication Ryde, N.S.W.
Publication date 2011
ISSN 1449-0269
Summary This article argues for a need to reform the corporate class action procedure in Australia. The reason is that the statutory procedure for an “opt out” class action is beginning to appear more like an “opt in” class action. The confusion relates to the poor drafting of Part IVA of the Federal Court of Australia Act 1976, which contains the class action procedure. The involvement of a commercial litigation funder has also contributed to the complexity in the interpretation of the law. The article provides a review of why s 33J and s 33E are conceptually difficult to apply. It highlights the key areas that require legislative amendments in order for the class action procedure to operate more effectively.
Language eng
Field of Research 180109 Corporations and Associations Law
Socio Economic Objective 940405 Law Reform
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30040132

Document type: Journal Article
Collections: Faculty of Business and Law
School of Law
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