Book contents
- Reviews
- Class Actions and Government
- Class Actions and Government
- Copyright page
- Dedication
- Summary of Contents
- Contents
- Figures and Tables
- Preface
- Table of Cases
- Table of Legislation
- Abbreviations
- Notes on Mode of Citation
- 1 Introduction
- Part I Preparing a Path to the Stadium
- 2 Government as Class Actions Enabler
- 3 Government as Class Actions Designer
- 4 Government as Class Actions Funder
- 5 Government as ‘Gate-Keeper’: Cross-Border Class Actions
- Part II As a Participant in the Match
- Bibliography
- Index
3 - Government as Class Actions Designer
from Part I - Preparing a Path to the Stadium
Published online by Cambridge University Press: 13 March 2020
- Reviews
- Class Actions and Government
- Class Actions and Government
- Copyright page
- Dedication
- Summary of Contents
- Contents
- Figures and Tables
- Preface
- Table of Cases
- Table of Legislation
- Abbreviations
- Notes on Mode of Citation
- 1 Introduction
- Part I Preparing a Path to the Stadium
- 2 Government as Class Actions Enabler
- 3 Government as Class Actions Designer
- 4 Government as Class Actions Funder
- 5 Government as ‘Gate-Keeper’: Cross-Border Class Actions
- Part II As a Participant in the Match
- Bibliography
- Index
Summary
This chapter focuses upon the design of an opt-out class action. Not all design matters will be encapsulated in statute. Some will be contained in court rules, and some will not be included in legislation at all, but will be for case-by-case judicial precedent to establish in the courtroom. The chapter sets out a hundred design points, over the four stages of a class action: its commencement, its conduct, its ending via either settlement or trial, and the costs and funding issues that typically pertain to class actions litigation. By way of an illustrative case study, the chapter also cites several areas of class actions design in which the experiences garnered from over a quarter of century of Australian jurisprudence was useful for the lawmakers for the United Kingdom.
Keywords
- Type
- Chapter
- Information
- Class Actions and Government , pp. 80 - 128Publisher: Cambridge University PressPrint publication year: 2020