Use of class actions Flashcards

1
Q

examples to use in sac

A

16 students enrolled in a finance course at James cook university, the course was not accredited and not recognised (the uni didnt the right to give them to a certificate)

Class actions from old people dying in old homes during COVID, someone who did not die in their and not affected by it cannot join

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2
Q

Why should class actions take place

A

*shared costs
*Saving time
*shared remedies

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3
Q

Class actions or proceedings can be commenced if

A

*seven or more people have claims against the same person
*Those claims relate to the same, similar or related circumstances
*The same issues need to be decided

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4
Q

What is a class action

A

A legal proceeding in which a group of seven or more people who have a claim against the same person based on or related facts bring that claim to court in the name of one person.

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5
Q

How do class actions work

A

*Lead plaintiff-represent the group
*group members-7 or more who form the group
*Use of litigation funding- agree to pay the cost of the plaintiff while receiving part of the remedies
*Allocation of costs-lead plaintiff is responsible for the costs however if a there is a successful settlement then the costs get taken out of the settlements and distributed

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6
Q

Types of class actions

A

*Share holder class actions
*Product liability class actions
*Employment class actions
*Natural disaster class actions

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7
Q

Appropriateness of class actions

A

Satisfaction of criteria
Funding of claim
Validity of claim
Loss of group member
Nature and size of claims
There is a lead plaintiff

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