Empirical and practical perspectives on twenty-seven years of product liability class actions in Australia

Julian Schimmel, Nina Abbey, Vince Morabito

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Researchpeer-review

Abstract

In the Second Reading Speech for the 1991 Bill that brought Part IVA of the Federal Court of Australia Act 1976 (Cth) (Part IVA) into law, the Attorney-General articulated the well-known trilogy of benefits that the new class actions regime was expected to bring, which were to enhance access to justice, reduce costs and promote efficiencies in the use of court resources.

It was hoped that Part IVA would achieve these purposes by facilitating claims by people whose individual loss, although significant, was outweighed by the cost or risk of bringing individual legal action. It was also hoped that spreading costs across a group of people would make it possible and economical for these types of claims to be brought, and that efficiencies could be realised by eliminating the need to separately try the same issue. The interests of defendants would be protected by an avoidance of inconsistent verdicts and results and by the resolution of a large number of claims in a single action.
Original languageEnglish
Title of host publicationThe Cambridge Handbook of Class Actions
Subtitle of host publicationAn International Survey
EditorsBrian T. Fitzpatrick, Randall S. Thomas
Place of PublicationCambridge UK
PublisherCambridge University Press
Chapter20
Pages391-418
Number of pages28
Edition1st
ISBN (Electronic)9781108770927
DOIs
Publication statusPublished - 2021

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