Class Actions

Subject LAWS70019 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

September, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Prof Camille Cameron

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

Principal topics will include:

  • The origins of modern class action regimes in Australia
  • Comparisons of the federal and Victorian regimes with those in other Australian and overseas jurisdictions
  • The main stages of class action litigation
  • The roles of lawyers, judges and parties
  • Specific issues, including choosing a forum, defining the class, the role of the lead plaintiff, entrepreneurial lawyering, identifying and notifying class members, settlement and court approval
  • Comparing class actions with other procedures available for complex litigation
  • Securities class actions and the regulatory role of the class action
  • Funding and costs issues, including the role of commercial litigation funders.
Objectives:

A student who has successfully completed this subject should:

  • Understand the principles on which modern class action systems are based, and use these principles to analyse current debates about the purposes and efficacy of class action litigation
  • Understand the main stages of class action litigation and how class action proceedings are commenced, conducted and settled
  • Be able to identify, evaluate and compare the various procedures available in Australia to litigate group claims
  • Compare the main features of class action litigation in Australia, Canada, the United States and the United Kingdom, and use these comparisons to evaluate the efficacy of the class action and group proceedings regimes in these jurisdictions
  • Analyse key practical and ethical issues that arise in the context of class action litigation
  • Analyse, evaluate and propose law reform initiatives.
Assessment:

Take-home examination (100%) (19-22 November)
or
10,000 word research paper (100%) (20 January 2011) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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