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Shareholder class actions – A critical analysis of the procedure under Part IVA of the Federal Court of Australia Act

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posted on 2023-12-20, 12:08 authored by Lang ThaiLang Thai
<p>Part IVA of the Federal Court of Australia Act 1974 (C’th) governs the class action procedure, which has been available in Australia since March 1992. The procedure was not popular amongst the shareholders until in the late 1990s, and since then the number of shareholder class actions has steadily increased. Many of these shareholder class actions settled before a final court hearing. This article critically examines the class action procedure and in doing so, it highlights the current issues that contribute to a rapid rise in shareholder class actions. The article calls for reform to the class action procedure. It identifies areas for reform in an attempt to improve the position of the group members so that they can receive a better outcome than what they can get under the current class action model.</p>

History

School affiliated with

  • Lincoln Law School (Research Outputs)

Publication Title

University of Western Australia Law Review

Volume

40

Issue

1

Publisher

The University of Western Australia

ISSN

0042-0328

Date Submitted

2023-05-16

Date Accepted

2015-01-02

Date of First Publication

2015-01-02

Date of Final Publication

2015-01-02

Date Document First Uploaded

2023-05-15

ePrints ID

54777

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