An Empirical Study of Australia's Class Action Regimes, Fifth Report: The First Twenty-Five Years of Class Actions in Australia

2017 ◽  
Author(s):  
Vince Morabito
Keyword(s):  
Empirical Study ◽  
Class Action ◽  
Class Actions

scholarly journals TURNING THE SPOTLIGHT ON CLASS REPRESENTATIVES -EMPIRICAL INSIGHTS FROM DOWN UNDER

2012 ◽  
Vol 30 (2) ◽  
pp. 1 ◽  
Author(s):  
Jane Caruana ◽  
Vince Morabito
Keyword(s):  
United States ◽  
Empirical Study ◽  
Present Article ◽  
Common Law ◽  
Federal Court ◽  
The United States ◽  
Class Action ◽  
Class Actions ◽  
Legal Literature ◽  
Action Procedure

Ten months before Ontario became the first Canadian common law province to authorise American-style class actions, class actions became available in the Federal Court of Australia. In these two countries and in the United States, the named plaintiffs, commonly referred to as class representatives, are the only claimants formally in charge of the litigation, on the plaintiff side, whilst the outcome of class actions binds not only them and their opponents but also the claimants that they represent, the absent class members. And yet, to date, there have been no comprehensive studies of class representatives in these three countries. The aim of this article is to partly address this significant lacuna in the international legal literature by providing the findings of an empirical study, that the authors have undertaken, of the persons that acted as class representatives in the class actions that were filed in the first 17 years of the operation of the class action procedure in the Federal Court of Australia. It is hoped that this article will prompt Canadian scholars to undertake similar studies with respect to Canadian class representatives.Dix mois avant que l’Ontario devienne la première province de common law canadienne à autoriser les recours collectifs à l’américaine, la Cour fédérale d’Australie autorisait ceux-ci. Dans ces deux pays, ainsi qu’aux États-Unis, les demandeurs nommés, communément appelés représentants, sont les seuls demandeurs formellement mêlés au litige du côté de la partie demanderesse, tandis que l’issue des recours collectifs lie non seulement les représentants et leurs adversaires, mais aussi les demandeurs qu’ils représentent, c’est-à-dire les personnes inscrites au recours collectif qui sont absentes. Pourtant, il n’y a eu à ce jour aucune étude approfondie sur ces représentants de groupes dans ces trois pays. L’objet du présent article est de combler en partie cette importante lacune dans la littérature juridique internationale en fournissant les conclusions d’une étude empirique effectuée par les auteurs et portant sur les représentants dans le cadre des recours collectifs introduits dans les 17 premières années du régime des recours collectifs devant la Cour fédérale d’Australie. Il est à espérer que le présent article incitera les chercheurs canadiens à entreprendre de telles études en ce qui concerne les représentants de groupes canadiens.

PENERAPAN METODE STORY READING UNTUK MENINGKATKAN KEMAMPUAN BERBICARA ANAK USIA 5 - 6 TAHUN DI TK MELATI / ABA 005 PULAU BALAI

2015 ◽  
Vol 4 (2) ◽  
pp. 143
Author(s):  
Hasnidar '
Keyword(s):  
Data Collection ◽  
Initial Data ◽  
Research Data ◽  
Class Action ◽  
Percentage Increase ◽  
Story Reading ◽  
Reading Methods ◽  
Number Of Children ◽  
Class Actions ◽  
Speaking Skills

This study aims to improve speaking skills of children aged 5-6 through methods Story Reading in TK Melati/ ABA 005 Pulau Balai. The method used is a Class Action Research. Class actions that researchers do the research is to use the method Story Reading to improve speaking skills of children aged 5-6 years in TK Melati TK Melati/ ABA 005 Pulau Balai, and is observed by the observer. Samples taken are TK Melati/ ABA 005 Pulau Balai with the number of children of 20 people, consisting of 13 men and 7 women. Data collection techniques in this research is through observation of teachers and children as well as data capability speaking children aged 5-6 years with use of methods Story Reading. Hipotesis in this study is if the method will be applicable Story Reading can improve speaking skills of children aged 5-6 years in TK Melati/ ABA Pulau Balai 005 can be enhanced through storytelling. Results of the research data obtained by using the method Story Reading can improve the ability to speak of children aged 5-6 years in TK Melati / ABA 005 Pulau Balai. The percentage increase in the ability to speak the child at the age of 5-6 years using Story Reading methods in TK Melati/ ABA 005 Pulau Balai, from initial data to the second cycle increased by 32.2%. The implication of this study is the use of methods Story Reading used properly, can improve speaking skills of children aged 5-6 years in TK Melati/ ABA 005 Pulau BalaiKeywords: story reading, speech

Competition Litigation

2019 ◽  
Keyword(s):  
Class Action ◽  
Criminal Proceedings ◽  
Applicable Law ◽  
Class Actions ◽  
Joint And Several Liability ◽  
Litigation Process ◽  
Opt Out ◽  
Full Analysis ◽  
Deutsche Bahn ◽  
The Uk

This book provides a comprehensive guide to all aspects of competition litigation in the UK. It covers both practice and procedure in the UK courts as well as in the Competition Appeal Tribunal. All aspects of case work are covered, from commencement of proceedings, group litigation, jurisdiction, applicable law, evidence, remedies, costs, and arbitration to criminal proceedings, giving competition lawyers a full analysis of the litigation process. There are also new chapters dedicated to the practice and procedure in Scotland and Northern Ireland.Fully updated in its second edition, coverage reflects important amendments to the Competition Act 1998; for example, the introduction of rules for class actions in the Competition Appeal Tribunal. As a result of the implementation of the Damages Directive, Directive 2014/204, new rules have been introduced for disclosure and joint and several liability. The book also covers the new cartel offence, which no longer has the mens rea of dishonesty.The new edition covers a range of important new cases: to name but a few, Sainsbury’s v MasterCard on the pass-on defence; Dorothy Gibson and Walter Merricks on opt-out class action; Cooper Tire and Toshiba Carrier on anchor defendants; and Deutsche Bahn on applicable law.

scholarly journals INTERNATIONAL EXPERIENCE OF THEORETICAL AND PRACTICAL ASPECTS OF GROUP LAWSUITS

2020 ◽  
Vol 6 (42) ◽  
pp. 85
Author(s):  
T. Oldak
Keyword(s):  
International Experience ◽  
Class Action ◽  
Procedural Law ◽  
Class Actions ◽  
Opt Out ◽  
Civil Proceedings ◽  
Legitimate Interests ◽  
Scope Of Application ◽  
General Scientific ◽  
Large Groups

The article is devoted to the study of international experience of theoretical and practical aspects of proceedings in class actions. This study will present various models of regulation in this area of the Anglo-Saxon and mixed legal families. By analyzing this legal basis, the practice of application will be possible to establish the essence of the class action in civil proceedings by disclosing the main features that are inherent in it and are such that distinguish it from other procedural structures aimed at protecting violated rights and legitimate interests as effective judicial mechanism.The subject of the study is issues related to one of the jurisdictional ways to protect the rights and legitimate interests of large groups of people. The purpose of this work is to publish the results of the study, which was conducted as part of a dissertation study on "Group lawsuit in civil proceedings in Ukraine." During the study, a general scientific dialectical method of use was used, which allowed to comprehensively study the main provisions of class action in foreign procedural law and the possibility of its development in the legislation of Ukraine, and provided an opportunity to reveal the nature of class actions in civil proceedings. stages. The scope of application of the results of the development of the theoretical basis in the field of mechanisms for the protection of the rights and legitimate interests of large groups of persons in order to introduce the appropriate procedure in the civil procedure legislation of Ukraine.Key words: civil proceedings, group lawsuit, initiating plaintiff, numerous groups, litigation proceedings, model "opt-in", "opt-out".

scholarly journals Die Us-Amerikanische Class Action: Struktur und Rechtsökonomischer Hintergrund

2011 ◽  
Vol 11 (2) ◽  
pp. 79-92
Author(s):  
Marina Tamm
Keyword(s):  
Capital Market ◽  
Legal Regulation ◽  
Class Action ◽  
False Information ◽  
Legal Rules ◽  
Class Actions ◽  
The Us

Abstract The article is dealing with the new German legal regulation concerning so called securities class actions. Th e author sees the new possibilites to bind together claims which arose from false information in capital market as a followor of the US class actions, therefore the article explains with the aim to simplify the intepretation of the new German legal rules the current American legal regulation of class actions. Th is means it analyses mainly the article 23 of the Federal Rules of Civil Prodecure and brings opinions of the author whether its particularities may function in Germany or not.

Review of securities class action filings in 2015

2016 ◽  
Vol 17 (3) ◽  
pp. 1-27
Author(s):  
Alexander Aganin
Keyword(s):  
Design Methodology ◽  
Stock Exchange ◽  
Class Action ◽  
Current View ◽  
Content Type ◽  
Industry Sector ◽  
Class Actions ◽  
Trends Over Time ◽  
Loss Index

Purpose To provide an analysis of securities class action filings in 2015 along with related trends over time and a comprehensive current view of the securities class action landscape. Design/methodology/approach Details 2015 securities class actions and related trends in terms of the number and size of filings; market capitalization losses; the litigation exposure of IPOs; the classification of complaints; litigation likelihood for US exchange-listed companies; resolutions (settlements, dismissals or trial verdict outcomes); timing of dismissals and settlements; filing lags; filings against foreign issuers; number of mega filings; recent rulings related to class certification; and concentration of class action activity by industry sector, stock exchange and court circuit. Findings The number of filings in 2015 was the largest since 2008. The Disclosure Dollar Loss Index® (DDL Index®), the Maximum Dollar Loss Index® (MDL Index®) and the number of mega filings rose sharply in 2015 after declines in 2014. The Consumer Non-Cyclical sector had the most filings in 2015 while filings against companies in the Financial sector were below historical averages. Dismissal rates appear to be trending down. The median filing lag has never been shorter than in 2015. Filings against foreign issuers remain at high levels. Filings against S&P 500 companies remained below the historical average. Originality/value Detailed analysis by legal and industry experts.

Understanding the Economics of Class Actions

2021 ◽  
pp. 87-120
Author(s):  
Michael Molavi
Keyword(s):  
Rational Choice ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Class Action ◽  
Access To Justice ◽  
Class Actions

This chapter delves into one of the strongest arguments in favour of the access to justice potential of class actions, which can be found in the rational choice theory of orthodox economics. It explains the economic access to justice framework that is based on the recognition that the class action allows the pursuit of claims that would not be pursued by rational actors. It also talks about how class actions allow the pursuit of negative value claims or claims in which the value of the claim is outweighed by the costs of its pursuit. The chapter elaborates how allowing for ideological representatives to advance claims on behalf of harmed groups can contribute towards preventing injustices by deterring misconduct by potential wrongdoers. It explores important issues pertaining to the economics of class actions that impact the access to justice and are achieved through mass litigation.

Lord Woolf, Multi-Party Situations, and Limitation Periods

2020 ◽  
pp. 133-152
Author(s):  
Rachael Mulheron
Keyword(s):  
Competition Law ◽  
Class Action ◽  
Class Actions ◽  
Opt Out ◽  
The Subject ◽  
Limitation Periods ◽  
Proper Subject

More than twenty years ago, Lord Woolf MR recommended the implementation of a regime which could cater for opt-in or opt-out class actions. It was not until 1 October 2015 that such a regime was enacted—and solely for competition law grievances of either a follow-on or a stand-alone nature. A key aspect of any class action design is how to handle limitation periods for the representative claimant and for class members. In his seminal report, Lord Woolf flagged up that appropriate provisions for limitation periods would be a proper subject for primary, rather than secondary, legislation. Accordingly, limitation periods duly became the subject of careful drafting in the 2015 regime, courtesy of section 47E of the Competition Act 1998. This chapter reflects upon some of the key comparative drafting lessons of class action regimes elsewhere which were helpful and instructive for that drafting exercise.

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