Australian Law Reform Commission (ALRC)
This issue of the Journal of Civil Litigation and Practice is a Special Issue focused on “Class Actions”. Against the backdrop of the ALRC and VLRC inquiries into class actions and litigation funding currently underway, this very timely issue covers the following articles: “Class Actions: Historical Highlights” – John Basten; “Class Action Commencement in Australia: A Practical Approach” – Nick Beaumont SC; “The Use and Abuse of Security for Costs in Class Actions” – Peter Cashman; “Competing Class Actions: A Suggested Solution through Certification” – Michael Legg; and “Cost Effectiveness and Case Management in Class Action Settlements” – Samuel J Hickey and Michael Legg.
This month, the ALRC released its Discussion Paper on its Inquiry into Class Action Proceedings and Third-Party Litigation Funders (June 2018), inviting submissions and outlining its key proposals and questions around whether and to what extent class action proceedings and third-party litigation funders should be subject to Commonwealth regulation. The President of the ALRC, the Honourable Justice Sarah Derrington, identifies some of the ALRC’s early findings and emphasises the need to look to counterpart jurisdictions to ensure a global approach in developing the class actions regime in Australia.
The latest Part of the Australian Law Journal contains “Current Issues” by General Editor, the Hon Justice François Kunc. It contains the following articles: “Getting to Grips with Encroachments on Freedoms in Commonwealth Laws: The ALRC Freedoms Inquiry” – Rosalind Croucher; “Why are Decisions on Family Property so Inconsistent?” – Patrick Parkinson AM. This Part also includes the following sections: Conveyancing and Property; Overseas Law; Environmental Law; Recent Cases, Book Reviews and Obituary.