AMP case highlights need for better Court cooperation

In response to the frenzy of anti-suit activity brought about by the AMP carriage battle, a protocol for communication and cooperation between the Supreme Court of New South Wales and the Federal Court of Australia in Class Action Proceedings has been developed (November 2018).

This Protocol was developed as a result of the anti-suit fiasco in the various competing AMP class actions. It addresses situations where competing class actions are filed in the Federal Court and in the Supreme Court of New South Wales respectively, and is designed to ensure that the competing actions can be 'co-operatively managed with a view to facilitating access to justice and the just, quick and cheap resolution of the real issues in dispute'. It provides, inter alia, that:

  • each Court will appoint a 'Class Action Representative Judge' for the purpose of implementing the Protocol
  • those judges may, where competing class actions exist, convene a joint case management hearing for the purpose of ascertaining various matters set out in the Protocol, including 'the suitability of the matters for joint or concurrent hearing of a selection hearing …'
  • after hearing from the parties, the judges will confer and determine the appropriate management of the competing actions (including, for example, a joint selection hearing, a concurrent hearing of the competing actions, or (where possible) the appointment of an acting judge from one jurisdiction to hear one of the competing class actions in the other jurisdiction).

Andrew Watson

National Head of Class Actions, Class actions, Melbourne

"I'm an experienced litigator in class actions, particularly for shareholders who have been victims of corporate misconduct."

Ben Slade

State Managing Principal, Office Leader, Class actions, Sydney

"I am driven to give a voice to those who would otherwise have to suffer because those who have done them wrong are all too powerful."

Kimi Nishimura

Principal Lawyer, Class actions, Melbourne

"I'm committed to fighting for the rights of victims of corporate misconduct as well as pursuing compensation on behalf of my clients."

Rebecca Gilsenan

Executive Director, Principal Lawyer, Class actions, Sydney

"I have extensive experience in running complex and novel litigation, including class actions in the areas of price fixing, failed investment schemes, product liability and securities."

Miranda Nagy

Principal Lawyer, Class actions, Sydney

"I have a strong conviction that the community should be able to expect our governments and the companies we deal with to comply with the law."

Julian Schimmel

Principal Lawyer, Class actions, Sydney

"Class actions are a unique legal mechanism that have helped hundreds of thousands of people receive compensation after mistreatment at the hands of powerful companies, and it’s gratifying to help people get access to justice when otherwise it would’ve been difficult for them."

Vavaa Mawuli

Principal, Class actions, Brisbane

"The most rewarding thing about my work is the change in scale of what we are able to accomplish."

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