19 - Class Actions in Australia

Summary

In drafting the first Australian class actions regime under Part IVA of the Federal Court of Australia Act 1976 (Cth) (FCAA), the Commonwealth legislature had the difficult task of creating a procedure that was appropriate for the Australian jurisdiction, including being in keeping with its litigation culture, while also learning from the procedures already employed in the United States and Canada. After twenty-seven years of federal class actions, it can be said that Australia has fashioned in Part IVA an effective and efficient framework for resolving mass litigation, accompanied by a robust body of jurisprudence. Equally, class action practice in Australia has evolved in ways that would have been beyond the reasonable comprehension of those who initially drafted Part IVA, third-party litigation funding being a key development. This chapter tells the story of Part IVA’s creation and maturation, providing an overview of the jurisprudence that has characterised its evolution, as well as an account of contentious issues at the forefront of modern class action practice.