Courts come together on competing class actions

The Federal Court and the Supreme Court of Victoria have entered into a protocol for dealing with competing class actions commenced in the respective Courts.

A similar protocol was entered into between the Federal Court and the Supreme Court of New South Wales late last year. Like the New South Wales protocol, the Victorian protocol provides, inter alia, that:

  • each Court will nominate 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 '[t]he 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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