Category: Class Actions

Class Actions in Parallel with Regulatory Proceedings

What happens when a regulator takes court action against a corporation alleging misconduct, and a class action is brought against the corporation for the same or similar alleged misconduct? This article introduces the debate around why class actions are brought in parallel to regulatory proceedings, and flags some of the case management issues that practitioners involved in parallel proceedings need to be across.

ALRC’s Recent Report on the Class Actions Regime: Key Recommendations

On 24 January 2019, the Australian Law Reform Commission issued a report entitled Integrity, Fairness and Efficiency – an Inquiry into Class Actions Proceedings and Third-Party Litigation Funders. The ALRC report sets out a comprehensive analysis of the current Australian class actions framework and makes 24 recommendations in relation to the regulation of class action proceedings and funding arrangements.  Key aspects of the recommendations are set out below.

The Hastie Class Action: the Privileges of Partnership?

All partners can potentially be liable for wrongs committed by any one partner, so can a partnership claim the privileges against self-incrimination and exposure to civil penalties? In some “extraordinary and troubling” circumstances, the Federal Court recently determined whether Deloitte Touche Tohmatsu could claim the privileges.