Australia

• Author: Vince Morabito
• Published date: 01 March 2009
• Date: 01 March 2009
• DOI: http://doi.org/10.1177/0002716208328280
• Subject Matter: Articles

320 ANNALS, AAPSS, 622, March 2009

Opt-out class actions exist in the Federal Court and in

Victoria, but not other states, supported by liberal

funding and cost regimes.

Keywords: class actions; representative proceedings;

reform debate; opt out regimes; class-

narrowing mechanisms; litigation funding

1. Australia’s Legal System

Australia’s legal systems and laws are based

on the common law of England. Australia has a

federal system comprising the federal (or

Commonwealth) government, six states,1and

two self-governing territories.2Consequently,

in addition to a hierarchy of courts in each state

and territory (“headed” by the Supreme Court)

is the Federal Court of Australia, which deals

with matters over which the Commonwealth

has constitutional power. Australia’s highest

court is the High Court of Australia.

Proceedings in Australia are conducted pur-

suant to the adversarial model. The vast major-

ity of civil proceedings are heard by a judge

without a jury. The author is not aware of juries

being employed in any Australian class actions

and/or representative proceedings.

2. Public Debate regarding

Group Litigation

American-style class actions may only be

brought in two Australian jurisdictions: the

Federal Court of Australia and the Supreme

Court of Victoria. The federal system was intro-

duced in March 1992 through the addition of a

new Part IVA to the Federal Court of Australia

Australia

By

VINCE MORABITO

Vince Morabito is an associate professor in the

Department of Business Law and Taxation, Monash

University, Australia.

DOI: 10.1177/0002716208328280