Class Actions: A Comprehensive Guide
Issues covered include: plaintiff, defendent, class actions, funding options, class members, interlocutory hurdles, security for costs, settlement negotiations, litigation funding, third party funding, common fund orders, court approval
Description
With the number of class actions in Australia growing exponentially over the past few years and rapid growth expected in the future, class action litigation is the definition of a growth industry. Keep apace in this bourgeoning area with a look at the most important issues and strategies for plaintiffs and defendants, how settlements are playing out in practice, how litigation funding fits in, and what the future holds for your practice.
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Jenny Campbell, Partner, Allens; Recommended Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2019
9.00am to 9.55am: THE PLAINTIFF PERSPECTIVE: Class Actions: Key Considerations for Plaintiffs
- Why bring a class action? Background, policy and outcomes
- Commerciality, funding options and choice of forum
- Interlocutory hurdles (e.g. security for costs, class closure)
- The importance of expert evidence
- Key factors impacting on outcomes for group members
Presented by Craig Allsopp, Practice Leader - Class Actions, Shine Lawyers
10.00am to 10.55am: THE DEFENDANT PERSPECTIVE: Defending Class Actions: Unique Challenges
- Risks, challenges and threats posed by class action litigation
- Effective strategies to manage cases
- Pressure points, tactics and other procedural tips
- To settle or not to settle? That is the question
Presented by Jason Betts, Partner, Herbert Smith Freehills; co-author, Class Actions in Australia, Thomas Reuters Legal; Preeminent Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2019
11.00am to 11.50am: Settlement Negotiations
- Strategies for settling at different stages of proceedings
- Settlement considerations for defendants
- Key issues in settlement negotiations
- Court approval
Presented by Ian Bolster, Partner, Ashurst
12.00pm to 12.50pm: What Practitioners Must Know About Class Actions & Litigation Funding
- The types of claims litigation funders will fund and the funding process
- What does a funder look for in a claim?
- The impact of litigation funding for claimants
- The impact of recent developments in relation to common fund orders and contingency fees
- Worked example of a funded claim and potential ramifications for your practice
Presented by Susanna Khouri, Head of Investment Operations (Diligence & Monitoring), Augusta Ventures
12.55pm to 1.25pm: Interactive Panel Discussion: A Practical Analysis of the Future of Class Actions
Facilitated by Jenny Campbell, Partner, Allens
Panellists:
Craig Allsopp, Practice Leader - Class Actions, Shine Lawyers
Jason Betts, Partner, Herbert Smith Freehills
Susanna Khouri, Head of Investment Operations (Diligence & Monitoring), Augusta Ventures
Ian Bolster, Partner, Ashurst