CLASS ACTIONS IN AUSTRALIA.

Book Overview: "Class Actions in Australia" by Damian Grave, Ken Adams, and Jason Betts

Key Themes:

1. Overview of Class Actions: The book provides an introduction to the concept of class actions in Australia, covering the historical context and current legal framework.
2. Legislation and Jurisdiction: It delves into the Commonwealth and State legislation governing representative proceedings, including jurisdiction and choice of forum.
3. Threshold Requirements: The authors discuss the threshold requirements for commencing a representative proceeding, such as the necessary conditions for certification.
4. Role of Representative Parties: The role of the representative party in class actions is examined, including their responsibilities and potential conflicts.
5. Group Member Status: The status of group members in a representative proceeding is analyzed, including their rights and obligations.
6. Pleadings and Case Management: The book covers the process of pleadings in representative proceedings and the case management strategies employed by the courts.
7. Opting Out and Notice: It discusses the process of opting out and providing notice to group members, as well as issues related to competing representation and multiple claims.
8. Security for Costs and Insurance: The authors explore the security for costs arrangements and the role of insurance in class actions, including market developments.
9. Discovery and Evidence: The book examines the methods of obtaining evidence and other information in class actions, including discovery procedures.
10. Conduct of Proceedings: It provides insights into the conduct of representative proceedings, including trial procedures and the conclusion of proceedings.
11. Settlement and Approval: The book focuses on the settlement of representative proceedings, including the scrutiny of legal fees, litigation funding commissions, and the merits of proposed settlements.
12. Court Approval and Administration: The process of obtaining court approval for settlements and the administration of settlements is detailed.
13. Costs and Fee Agreements: The authors discuss costs and fee agreements, including third-party funding of representative proceedings.
14. Suspension of Limitation Periods: The book covers the suspension of limitation periods under section 33ZE.
15. Shareholder Class Actions: It includes a specific chapter on shareholder class actions.

Critical Reception:

• Practical and Comprehensive: The book is described as "elegantly and clearly written" and is considered an essential guide for legal practitioners involved in or interested in class action litigation.
• Highly Practical Third Edition: Following the evolution in the class actions market, the third edition is noted for its practical approach, making it a valuable resource for practitioners.

Plot Summary: The book does not have a narrative plot but is structured as a comprehensive guide to class actions in Australia. It covers all aspects of class action litigation, from the legislative framework to the practical considerations involved in conducting such proceedings.

Appendices: The book includes appendices with materials from the Federal Court of Australia, providing additional resources for practitioners.