Three decades on from its rocky beginnings, when representatives of the coalition opposition decried the Part IVA bill as a “monstrosity” and as “looney”, “half baked” and “wrong” 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 won’t run, say Law Council of Australia class action committee members Lachlan Armstrong QC and Dr Peter Cashman.
This week’s judgment referring the conduct of lawyers behind the Banksia class action to prosecutors shows the effectiveness of unique legislative provisions in Victoria that should serve as a blueprint for federal reform, says barrister and University of New South Wales adjunct professor Dr Peter Cashman.
An interlocutory decision in a class action against superannuation trustee Colonial First State Investments may have significant implications for how cases against super fund trustees are litigated in the future, says Slater & Gordon’s Jessica Zarkovic and Joel Gilbourd.
In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP’s Kathy Mytton and Sean McManis.
New standalone innovation patents will no longer be able to be filed after 25 August 2021. Patentees who wish to benefit from the innovation patent system must take steps to ensure that any complete application for an innovation patent or a standard complete application (from which they could divide out later) be filed on or before 25 August 2021, say James Lawrence and Dominique Blik of Mills Oakley.