find the latest legal job
Freelance Project Finance Lawyers
Category: Other | Location: All Australia
· Vario are looking for freelance lawyers with experience in project finance ideally within the renewable energy sector
View details
Vario Freelance Lawyers
Category: Construction Law | Location: All Australia
· We are looking for lawyers who appreciate the endless possibilities that a freelance career can offer.
View details
Freelance Construction Lawyers
Category: Construction Law | Location: All Melbourne VIC
· We are looking for construction lawyers who appreciate the endless possibilities that a freelance career can offer.
View details
Banking Associate - 1-6PQE - Allen & Overy
Category: Banking and Finance Law | Location: United Kingdom
· Banking Associate - 1-6 PQE - Allen & Overy
View details
Academic Dean and Head of School of the TC Beirne School of Law
Category: Other | Location: Brisbane QLD 4000
· An outstanding opportunity · Provide educational, research and organisational leadership
View details
Courts to weigh in on class actions: Mallesons (1)

Courts to weigh in on class actions: Mallesons (1)

Courts will be more active in managing class actions, including pressing parties to prosecute claims more quickly and efficiently, a new report by King & Wood Mallesons.

The new report, Class Actions – The year in review 2011, released Friday, examines class action decisions and provides analysis of how courts’ management and determination of class actions in Australia impacts outcomes for plaintiffs and defendants. The report also makes predictions for the coming year. 

“We expect the courts to take a much more active approach to managing class actions. This will include pressing parties to prosecute their claims quickly and efficiently, and making greater use of preliminary questions and perhaps the summary judgment procedure to determine issues at an early stage,” said King & Wood Mallesons partner and author of the report, Moira Saville.

The report says courts are eager to see litigation, especially lengthy and costly class action, settled quickly to avoid the associated risks, costs, business disruption and delays. It predicts courts will work to encourage parties to engage in mediation and other mechanisms to settle disputes.

During the past year, courts have commented on the legal fees payable under a number of settlements. Judicial expressions of concern were raised over the $25 million in fees and costs in the Visy/ Amcor class action, for example.

The report also notes judicial reflections in the bushfire class action that a “no win, no fee” with a 25 per cent uplift on solicitors’ fees represented a “paradigm example of a case where an uplift fee on the conditional component of professional fees is appropriate”.

Saville said King & Wood Mallesons also expects class action proceedings to move more quickly as parties seek to use the relatively new Fast Track procedure recently introduced in the Federal Court, which involves a strictly enforced timetable for the steps to hearing and judgement.

 

Like this story? Read more:

Book commemorates diamond milestone for WA law society

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

Courts to weigh in on class actions: Mallesons (1)
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Scales of Justice
06:00
WA to close ‘legal loophole’ on gender reassignment laws
Laws in Western Australia will soon change to permit married people to undergo gender reassignment s...
Lawyers take to Twitter to share career stories
Jan 22 2018
Lawyers take to Twitter to share career stories
The #mypathtolaw hashtag has been embraced by legal eagles to swap stories with the Twitter communit...
Jan 22 2018
Legal body disappointed with DPP emails leaked to tabloid
The NSW Bar Association has expressed “profound disappointment” over leaked emails from the NSW ...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...