Second and subsequent case management hearingsĬase management hearings are integral to the effective and efficient management of a class action. Part 7 of the Class Actions Practice Note sets out the matters to be dealt with at the first case management hearing. The extended time (usually it would be within 5 weeks from filing) allows for the fact that Class Actions are often large, complex and will require the parties to undertake a significant amount of case preparation. The first case management hearing may (where appropriate), be conducted along relatively informal lines, with an emphasis on an "exchange" between all participants. The first case management hearing will ordinarily be fixed for a date within 8 weeks from filing. Parts 5 and 6 of the Class Actions Practice Note (GPN-CA) sets out how the Court expects disclosure should take place in a class action. Through the NCF reforms, the Court is endeavoring to ensure that class members, the respondent and the Court are properly and appropriately informed of these matters. Some cases over the last few years have found the disclosure to class members of legal costs or litigation funding arrangements to be inadequate (ie. attempt to understand and address the impediments to possibly settle the matter, and to assist the parties to achieve settlement at the earliest time.ĭisclosure of legal costs and litigation funding agreements.be a central contact point for the parties' enquiries or in relation to difficulties arising during the proceeding.assist in identifying any early procedural issues that may be important for the Court to be apprised of.In appropriate cases, a Class Actions registrar may also be assigned to a class action to: In appropriate cases (usually more large or complex Class Actions), a Case Management Judge may also be assigned to a matter, who will work collaboratively with the Docket Judge to ensure an efficient and consistent approach to the management of the proceeding. The Docket Judge will be a member of the appropriate National Practice Area (NPA) (and Sub-area, if any), and will have expertise in Class Actions. guidance on communication with class membersĪt an appropriate time after the matter is filed the matter will be allocated to a Docket Judge, who will be responsible to conduct the trial of the proceedings.disclosure requirements regarding costs agreements and litigation funding agreements both to class members (see Part 5 of the Practice Note) and to the Court and other parties (see Part 6 of Practice Note).tailored case management to ensure the expeditious and efficient management of the class action.allocation of Class Actions to a docket judge and, in appropriate cases, to a designated case management judge and/or a registrar.The key features of this practice note include: As part of the NCF reforms, the Federal Court has issued a new Class Actions Practice Note (GPN-CA), which builds on the former practice note. The changes to the Federal Court's approach to case management of Class Actions are intended to reduce the delay and expense associated with Class Actions and often high level of interlocutory disputes. Case management of Class Actions NCF reforms and Class Actions personal injury through food, water or product contamination, and defective productsĬurrent Class Actions in the Federal Courtįor the current Class Actions currently before the Court, see the list of all of the Court's current Class Actions.Since its commencement the Part IVA regime has become an effective, sustainable and well accepted system for Class Actions in Australia, including Class Actions relating to: Part IVA of the Federal Court of Australia Act 1976 (Cth) and Division 9.3 of the Federal Court Rules 2011 (Cth) provides a regime for commencing Class Actions in the Federal Court, which has been in place since March 1992. Alternative Dispute Resolution (ADR) and settlementĪbout Class Actions The Class Actions regime Second and subsequent case management hearings Disclosure of legal costs and litigation funding agreements Current Class Actions in the Federal Court
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