‘How to’ on Class Actions: Emerging Actions
Attend this timely fundamental 2-hour webinar on class actions. Proposed reforms to wind back restrictions to litigation funding schemes may impact the number of class actions in Australia. You’ll learn where new types of class actions are emerging and potential areas of risks. Finally, our highly experienced panel of Plaintiff and Defendant’s lawyers will show you how to avoid common procedural traps for young players from commencement of proceedings through to trial. OND233N15Z1
Description
Attend and earn 2 CPD units including:
1 unit in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
* This is an interactive recording so that you can claim uncapped annual points from this type of activity
Chair: Odette McDonald, Director, Phi Finney McDonald: Recommended Commercial Litigation & Dispute Resolution Lawyer
New and Emerging Types of Class Actions: Areas of Risks
Explore some of the new types of class actions that are emerging, such as Climate change/Greenwashing, cyber security, privacy, workplace, consumer and the regulatory or other risks associated with these new types of actions.
Presented by John Moran, Partner, Jacques Jacobs, Partner and Travis Luk, Special Counsel, Clyde & Co
Professional Skills
Procedural Traps from Commencement through Trial: A Plaintiff vs Defendant Perspective
- Planning the conduct of the litigation from the outset so as to succeed at trial
- Common mistakes in pleading and potential impacts on the future conduct of your matter
- Interlocutory issues: declassing, security for costs, discovery, sample group members and opt out
- How to organise the class action for trial
- Key pre-trial orders
- How the Courts will structure the trial
- Dealing with key stakeholders: clients, insurers, media, group members, litigation funders, other parties
- What happens next? judgment and next steps following determination of common issues
- Recent Legislative Developments and Decisions
Facilitator: Odette McDonald, Director, Phi Finney McDonald: Recommended Commercial Litigation & Dispute Resolution Lawyer
Panellists
Jonathan Wertheim, Senior Associate, Shine Lawyers
Jason Betts, Partner, Herbert Smith Freehills; Leading Class Actions Lawyer, Doyle’s Guide 2022
Jenny Campbell, Partner, Allens; Leading Individual, Dispute Resolution: Class Actions, Legal 500
Presenters
Odette McDonald, Director, Phi Finney McDonald
Odette McDonald is an experienced senior class actions specialist, who has litigated complex and high-profile claims in Australia and the United Kingdom. Odette has represented thousands of people in a number of successful class actions, which have collectively delivered settlements in excess of $350 million. Her class action, group litigation and multi-party litigation expertise is broad, and includes shareholder class actions, financial advice and product claims, personal injuries, consumer actions, environmental and natural disaster litigation, and debenture trustee class actions. She also has a wealth of general commercial litigation and pro bono experience. Prior to co-founding Phi Finney McDonald, Odette was a Practice Group Leader in the London Group Litigation and Melbourne Class Actions departments of a large plaintiff law firm. Odette’s focus at Phi Finney McDonald is on identifying cases, managing litigation projects, progressing the professional development of lawyers and support staff, and contributing to the creation of a dynamic and supportive workplace.
Patrick Boardman, Partner, Clyde & Co
Patrick is engaged by insurer and insured clients to help them resolve directors & officers and professional indemnity claims and coverage issues, particularly litigated claims against financial companies and professionals, and fraud and fidelity matters. His experience includes coverage counsel for primary or excess insurers in respect of current class actions plus significant prior class actions involving Centro Properties, Allco Finance, Leighton Holdings. Acting for a senior director in a multi-million-dollar class action arising out of the collapse of MFS Ltd. Acting for the managing director, two non-executive directors and a senior officer of a failed mid-tier mining company in defence of a shareholder class action and two separate liquidator claims.
Richard Berkahn, Partner, Clyde & Co
Richard Berkahn is a specialist cyber risk advisor and is known for managing global data breach incidents, working hand in hand with our international and regional offices. Richard has spearheaded the development of Clyde & Co’s technology-led ‘Global Regulation Hub’, allowing Clyde & Co to seamlessly advise clients on local Privacy Laws and service cross-border data breaches. Richard regularly advises local, trans-Tasman and London based clients on cyber incident and crisis response, data protection and privacy issues, cyber insurance, IT liability and recovery actions, third party claims and regulatory investigations. He also has extensive experience providing clients with pre-incident services including the review, development and implementation of systems and processes to address cyber risk. Richard has developed strong relationships within the cyber-insurance industry and has advised on several complex instructions hitting the Australian and London markets. Richard is admitted to practise in Australia and New Zealand and is actively involved in Clyde & Co’s trans-Tasman offering. Richard and the team have advised on over 1,500 incidents to date and bring a wealth of experience to every incident.
Jason Betts, Partner, Herbert Smith Freehills
Jason is widely regarded as one of Australia’s leading class action, regulatory investigation and product liability specialists. He has over 23 years’ of litigation experience and has defended the largest class action litigation, regulatory investigations and prosecutions and corporate distress liability issues in the Australian market. Jason has acted in the majority of Australia’s largest class actions, including major securities and product liability cases. Jason is a Visitor to the University of Sydney Law School, teaching the post-graduate course “Class Action Litigation in Australia”. In 2022 Jason co-authored the third edition of the leading class actions text book in the country, “Class Actions in Australia”.
Jenny Campbell, Partner, Allens
Jenny specialises in managing commercial disputes, with a particular focus on defending class actions. Her experience includes the defence of shareholder class actions against Aristocrat, CIMIC and QBE Insurance Group; the Takata airbags class action for Nissan; the FX cartel class action for Citibank; various financial products / services class actions against the NAB, Westpac, CBA and The Royal Bank of Scotland; the business interruption insurance class action against QBE. She also advises on foreshadowed class actions and class action risk more generally and writes and presents extensively on class actions issues.