U3 AO2 2b lesson 1 CIVIL ACTION

Question 1

criteria of class action

Answer 1

Seven or more people are claiming against the same defendant (s).

The claim must be in respect of, or arise from, the same, similar, or related circumstances.

The claim must give rise to a common issue of law or fact, meaning the same issues are determined by the court for all claims.

Question 2

role of lead plaintiff

Answer 2

• Assuming the risk + cost of litigation on behalf of the entire group
• Ensuring the claim serves the interest of the group members and not pursued solely for personal benefit
• Providing instructions to their lawyers regarding the conduct of the claim + making decisions regarding settlement or negotiations
• Filing the case under their own name

Question 3

where can class actions occur

Answer 3

• Supreme court trial division of Victoria
• Federal court of Australia

Question 4

strength of class action: litigation

Answer 4

• The use of litigation funders can enable more class actions to be brought in circumstances where individual litigants may lack the funds allowing for + participation

Question 5

strength of class action: juries

Answer 5

• Juries are available in the Supreme Court for class actions - allowing the case to be determined by an impartial, cross - section of society

Question 6

strength of class action: court resources

Answer 6

• Class actions are a more efficient way of dealing with a number of claim, saving time and court resources reducing delays

Question 7

strength of class action: reduce cost for defendants

Answer 7

• Class actions reduce costs for defendants - defendants can respond to multiple claims, all with similarities in one proceeding rather than having to go through separate proceedings

Question 8

weakness of class action: juries

Answer 8

• Juries are not available if a class action is commenced in the Federal Court of Australia, meaning the case will not be determined by an impartial cross-section of the community

Question 9

weakness of class action: litigation

Answer 9

• If litigation funding isn’t obtained, the lead plaintiff may not be willing to bear the costs associated with bringing the class action

Question 10

weakness of class action: share given

Answer 10

*Depending on the settlement reached, the share given to each plaintiff after costs may be minimal especially after a large percentage of damages is provided to litigation funders

Question 11

weakness of class action: several years

Answer 11

• Class actions can take a long time to be heard and completed, often taking several years due to the amount of evidence required therefore delaying remedies and justice to plaintiffs