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Overview of "Australian Annotated Class Actions Legislation" by Michael Legg and Ross McInnes

Key Themes:

  1. Class Action Legislation: The book provides a comprehensive guide to the legislation governing class action litigation in Australia. It covers the complexities of class action law, including the federal regime and state-specific laws in Victoria, New South Wales, and Queensland.
  2. Legislative Provisions: The text offers a section-by-section analysis of the legislative regimes in the Federal Court, Victoria, New South Wales, and Queensland. It includes commentary, annotations to the legislation, and practical guidance suitable for legal practitioners, academics, and students.
  3. Case Law and Practical Guidance: The book includes analysis of relevant case law, discussion of key concepts, and reference to useful extrinsic materials such as law reform reports and practice notes. It also provides real examples of class action pleadings and court-ordered opt-out notice publications.

Plot Summary: The book is structured to navigate practitioners, students, and academics through the complexities of class action litigation in Australia. It covers various aspects of class action legislation, including:

  • Introduction: An overview of class actions and their significance in the Australian legal landscape.
  • Interpretation and Application: Detailed sections on the interpretation and application of key sections of the legislation (e.g., s 33A, s 33B, s 33C).
  • Standing and Consent: Discussions on standing requirements and consent to be a group member (s 33D, s 33E).
  • Representative Proceedings: Coverage of when representative proceedings can and cannot be commenced (s 33G, s 33H).
  • Opt-Out Rights: Explanation of the right of group members to opt out of proceedings (s 33J).
  • Court Powers and Altering Group Description: Examination of court powers concerning group membership and altering the group description (s 33KA, s 33K).
  • Proceedings Not Continuing as Representative Proceedings: Discussion on the consequences of proceedings not continuing under this part (s 33N, s 33P).
  • Individual Issues and Settlements: Analysis of individual issues and settlements in class actions (s 33Q, s 33W).

Critical Reception: The book has received positive reviews for its comprehensive and practical approach to class action legislation. Here are some excerpts from critical reception:

  • Chief Justice James Allsop: "I extend my warmest congratulations to Associate Professor Michael Legg and Mr Ross McInnes for the second edition of a meticulously researched and highly useful text for practitioners, judges, and any person with an interest in class action proceedings in this country." (From the Preface, 2017).
  • Book Review: The second edition has been praised for its thorough knowledge of class actions legislation, making it a mandatory resource for anyone practicing in the area. The review highlights the book's usefulness as a comparative resource, covering federal and state-specific regimes.

Editions and Publication Details:

  • First Edition: Published in 2014 by LexisNexis Butterworths, with 454 pages.
  • Second Edition: Published in 2018 by LexisNexis Butterworths, with 719 pages. This edition provides updated commentary and annotations to reflect the evolving jurisprudence in class actions.
  • Third Edition: Although not explicitly mentioned, the third edition was published in 2022, continuing to provide updated commentary and practical guidance.

Conclusion:

"Australian Annotated Class Actions Legislation" by Michael Legg and Ross McInnes is a seminal work in the field of class action litigation in Australia. It offers a comprehensive guide to the legislation, case law, and practical aspects of class actions, making it an essential resource for legal practitioners, academics, and students. The book's critical reception highlights its utility and meticulous research, solidifying its position as a leading text in the field.