The Full Federal Court was emphatic in its decision that the environment minister does not owe a duty of care to Australian children to shield them from climate change harm, but there is no doubt the law will be put to the test again soon, says Corrs Chambers Westgarth’s Louise Camenzuli, Julia Green and Max Newman.
Even after 30 years in action, the future of class actions in Australia remains uncertain. What is clear, however, is the impact class actions have had â for claimants, lawyers, litigation funders and for corporate Australia, writes Corrs Chambers Westgarth’s Chris Pagent, Brad Woodhouse, Alex Ji and Thomas Scott.
The access to justice and efficiency objectives of the 30-year class action regime would be better served by more active scrutiny at the point of commencement, say Allens partners Belinda Thompson and Jenny Campbell.
As we reach the 30-year anniversary of the modern form of class action in Australia, an enduring characteristic of class action practice in this country is that the area is not well-suited to those who enjoy certainty or predictability, say Jason Betts, Aoife Xuereb and Melissa Gladstone-Joyce of Herbert Smith Freehills.
Three decades on from its rocky beginnings, when representatives of the coalition opposition decried the Part IVA bill as a âmonstrosityâ and as âlooneyâ, âhalf bakedâ and âwrongâ during parliamentary debates, the class action procedure and its legitimacy and efficacy have come to gain acceptance across the spectrum of practitioners and among the judiciary, says Maurice Blackburn’s Julian Schimmel.
Over the last 30 years, the class action regimes have undoubtedly improved access to justice, helped to resolve disputes more efficiently, and reduced the costs of litigation. While the current spotlight on the role of litigation funding and returns to group members is warranted, other aspects of the regimes are ripe for reform, say Clayton Utz partners Greg Williams, Andrew Morrison, Alexandra Rose and senior associate Will Atfield.
The Federal Court’s recent dismissal of a class action against Iluka Resources provides assurance to companies and their D&O insurers that shareholder class actions are not necessarily merely a cheque writing exercise and that robust defences will be accepted by the courts, says Clyde & Co partner Patrick Boardman.
Lawyers will need to review their income arrangements in light of new tax guidelines that could expose them to greater ATO scrutiny, says Pitcher Partners executive director Ashley Davidson.
In the crucial early years of practice junior barristers have been deprived of vital learning opportunities as a result of COVID-19 lockdowns necessitating the move to online court hearings. The promised return to in-person proceedings is critical for the professional development of counsel just starting out, and equally critical for the Bar as a whole, says noted silk Rachel Doyle.
If enacted, the latest class action reform bill before federal parliament will significantly alter the conduct and the outcomes of group litigation across all courts of Australia, and affect access to justice by creating a risk that worthy class actions wonât run, say Law Council of Australia class action committee members Lachlan Armstrong QC and Dr Peter Cashman.