Representative Action

Paper Summary:

This paper begins by defining the concept of representative proceedings or actions. It then discusses the procedural aspects of commencing a procedural action. This is followed by a discussion of the benefits to both the applicant and respondent regarding representative actions and what the limitations of such proceedings are. The paper concludes with a brief discussion of the future of representative actions.

From the Paper:

"The popular term, Class Action, is better defined in the Australian Jurisdictions as a Representative proceeding, a proceeding in which a defined party (or parties), will bring an action as plaintiff on behalf of a group, of seven or more members , where the group has an issue arising out of common circumstances , giving rise to a common question of law or fact. The legislative provisions Part IVA are mirrored by the Judgement of Mchugh J in Carnie , where his honour held;

"In my opinion, a plaintiff and the represented persons have "the same interest" in legal proceedings when they have a community of interest in the determination of any substantial question of law or fact" "

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