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Shareholder class actions - a critical analysis of the procedure under Part IVA of the Federal Court of Australia Act

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Version 1 2016-03-03, 15:45
journal contribution
posted on 2024-06-17, 17:54 authored by L Thai
Part IVA of the Federal Court of Australia Act 1974 (C’th) governs the class action procedure, which has been available in Australia since March 1992. The procedure was not popular amongst the shareholders until in the late 1990s, and since then the number of shareholder class actions has steadily increased. Many of these shareholder class actions settled before a final court hearing. This article critically examines the class action procedure and in doing so, it highlights the current issues that contribute to a rapid rise in shareholder class actions. The article calls for reform to the class action procedure. It identifies areas for reform in an attempt to improve the position of the group members so that they can receive a better outcome than what they can get under the current class action model.

History

Journal

University of Western Australia law review

Volume

40

Pagination

138-162

Location

Perth, W.A.

Open access

  • Yes

ISSN

0042-0328

Language

eng

Publication classification

C1 Refereed article in a scholarly journal, C Journal article

Copyright notice

2015, University of Western Australia

Issue

1

Publisher

University of Western Australia

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