Class Actions: A Comprehensive Guide
WEB213N56: 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 area of law. Keep apace of 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.
Description
Attend and earn 4 CPD units including:
3.5 units in Substantive Law
0.5 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Jenny Campbell, Partner, Allens; Recommended Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2019
9.00am to 9.05am Opening Comments by the Chair
9.05am to 10.00am THE PLAINTIFF'S 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
10.005am to 10.55am THE DEFENDANT'S 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 2020
11.00am to 11.55am Settling Class Actions
- Why are class action settlements different?
- Court approval
- Stakeholders
- Key issues: class closure/achieving finality, ascertaining quantum, late registrations, scope of releases, confidentiality
Presented by Ian Bolster, Partner, Ashurst
Professional Skills
12.00pm to 12.50pm What Practitioners Must Know About Class Actions & Litigation Funding
- An update on the regulation of litigation funding for class actions introduced in August 2020
- The impact of the regulatory regime on the litigation funding industry in Australia and class action filings
- Developments with regard to Common Fund Orders and contingency fees
Presented by Susanna Khouri, Head of Investment Operations (Diligence & Monitoring), Augusta Ventures
12.55pm to 1.25pm 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
Presenters
Jenny Campbell, Partner, Allens
Jenny specialises in managing commercial disputes (with a particular focus on class actions and financial services litigation) and investigations. Jenny is a class actions specialist. She is acting (or has acted) on the defence of shareholder class actions against Aristocrat (the first securities class action in Australia to proceed to trial), Leighton Holdings (now known as CIMIC) and QBE Insurance Group; the defence of class actions relating to structured financial products against the Commonwealth Bank and The Royal Bank of Scotland (ABN Amro); and Westpac's defence of the bank fees class actions. She also advises on foreshadowed class actions and class action risk more generally, and writes and presents extensively on class actions issues.
Craig Allsopp, Practice Leader - Class Actions, Shine Lawyers
Craig Allsopp is an accomplished legal professional with a proven record in major litigation and client-focused legal services reviews. Through a diversity of experience in the private and public sectors, including a senior litigation role with ASIC, Craig has developed a robust understanding of legal services delivery and litigation project management, with a particular focus on how to deliver improved outcomes through legal technology and leading practice informed purchaser principles. Craig's experience includes conducting litigation and mediations across several jurisdictions, completing various legal services reviews across State and Federal agencies, conducting compliance reviews and undertaking workplace investigations.
Jason Betts, Partner, Herbert Smith Freehills
Jason is widely regarded as one of Australia’s leading class action, corporate regulatory and product liability specialists. He has over 20 years’ of litigation experience and has defended the largest class action litigation (particularly shareholder claims), regulatory investigations and prosecutions and corporate distress liability issues in the Australian market. Jason has also acted in the majority of Australia’s largest class actions, including major securities and product liability litigation. He lead the defence of one of Australia’s largest ever product liability class action trials and acted for the defendant in the seminal Australian decision on third party litigation funding in Australia – Fostif. Regularly called upon by the press to comment on class actions issues, Jason is co-author of the leading class actions text book in the country, “Class Actions in Australia”.
Ian Bolster, Partner, Ashurst
Ian focuses on class actions, financial services disputes and enforcement matters including corporate crime, and commercial disputes. He has acted on some of the country's most complex and high-profile matters, and regularly writes and presents on class actions, regulatory enforcement and corporate crime. Ian's work includes acting for Woolworths in the employee underpayment class action, KPMG in the Allco Finance Group shareholder class action, RBS in the Oasis investor class action and the Lane Cove Tunnel claim, and Macquarie in various proceedings arising out of the collapse of the van Eyk Blueprint funds. He acted for ANZ on the banking and financial services royal commission, and has acted on a range of regulatory enforcement matters for major financial institutions.
Susanna Khouri, Head of Investment Operations (Diligence & Monitoring), Augusta Ventures
Susanna Khouri is Head of Investment Operations in Augusta’s Australian Diligence and Monitoring Team. She undertakes diligence and monitoring of cases and oversees pricing and commercial terms for cases in consultation with senior management. Prior to joining Augusta Susanna was a Special Counsel in Piper Alderman’s National Dispute Resolution team working on a number of funded class action matters. Susanna worked for 9 years as a Senior Investment Manager with litigation funder IMF Bentham (now Omni Bridgeway). She has broad experience in all aspects of litigation funding and has managed high profile litigation claims against Lehman Brothers Australia Ltd (in liq), Standard & Poor’s, KPMG, the Commonwealth of Australia and the ATO.