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8 - Government as Class Actions Defendant
from Part II - As a Participant in the Match
Rachael Mulheron, Queen Mary University of London
Book:

Class Actions and Government

Published online:

13 March 2020

Print publication:

02 April 2020, pp 262-314
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Summary

This chapter canvasses the frequency with which governments have been sued by their citizens and businesses, in the class actions context. Proceedings against the Crown have been permitted for several decades, but the size of these claims has become far greater (and of greater concern) to governmental defendants, where opt-out class actions are concerned. The types of scenarios in which government has been sued have illustrated a remarkable degree of overlap and similarity in both Australia and in Canada. The issue of ‘regulatory negligence’ is one particular claim which has not featured particularly successfully, given the requirements of the negligence cause of action in both comparator jurisdictions. However, it is undoubtedly the case that novel claims in tort against the government continue to be brought as class actions in both jurisdictions.