Security for costs in unfunded federal class actions: back to the future

Vincenzo Morabito, Naomi Hatcher

Research output: Contribution to journalArticleResearchpeer-review

Abstract

Access to justice is universally regarded as the main benefit that can be secured through the use of class action regimes. In this article it is posited that, with respect to class actions filed in the Federal Court without the support of commercial litigation funders, attainment of this desirable goal is threatened by rulings by the Full Federal Court that authorise trial judges to award security for costs against lead plaintiffs on the expectation that such security can only be provided through contributions from group members.
Original languageEnglish
Pages (from-to)105-126
Number of pages22
JournalAustralian Law Journal
Volume92
Issue number2
Publication statusPublished - 26 Apr 2018

Cite this

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abstract = "Access to justice is universally regarded as the main benefit that can be secured through the use of class action regimes. In this article it is posited that, with respect to class actions filed in the Federal Court without the support of commercial litigation funders, attainment of this desirable goal is threatened by rulings by the Full Federal Court that authorise trial judges to award security for costs against lead plaintiffs on the expectation that such security can only be provided through contributions from group members.",
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Security for costs in unfunded federal class actions : back to the future. / Morabito, Vincenzo; Hatcher, Naomi.

In: Australian Law Journal, Vol. 92, No. 2, 26.04.2018, p. 105-126.

Research output: Contribution to journalArticleResearchpeer-review

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AB - Access to justice is universally regarded as the main benefit that can be secured through the use of class action regimes. In this article it is posited that, with respect to class actions filed in the Federal Court without the support of commercial litigation funders, attainment of this desirable goal is threatened by rulings by the Full Federal Court that authorise trial judges to award security for costs against lead plaintiffs on the expectation that such security can only be provided through contributions from group members.

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