CPD units: 1 | Knowledge area: Substantive law
Class action procedures are being adopted and utilised in many jurisdictions around the world, especially in Europe. Even in countries with a long history of class actions, such as the United States, recent developments are impacting the procedure.
This seminar will provide an overview of the latest international developments in class action law. Attendees will gain essential insights into how these evolving legal frameworks create both risks and opportunities in cross-border litigation. An understanding of overseas class action risk is central to advising Australian corporations with foreign operations, or who are looking to expand abroad. Overseas experience may also provide the impetus for reform locally.
Program:
1. Welcome and Introduction - Professor Michael Legg, Director Centre for the Future of the Legal Profession, UNSW Law & Justice
2. Class Action in Europe and the United Kingdom - John Emmerig, Partner Jones Day and Co-Chair Law Council of Australia Class Actions Committee
The Representative Actions Directive (EU) 2020/1828 entered into application at national level on 25 June 2023. The Directive has seen a range of class action mechanisms adopted in various European countries, which in turn have been used to varying degrees. The UK has also been the site of numerous competition class actions but also with representative actions and other group proceeding mechanisms being utilised. This presentation will discuss class action activity in Europe and the UK.
3. Collective Actions in Germany - Julian Glas, PhD student, Universität Augsburg, Germany and Visiting Scholar, UNSW Law & Justice
In recent years, several distinct mechanisms for addressing mass litigation have emerged in Germany. However, the legislator has never consolidated them into a single “true” class action. Instead, these various forms of collective action have now come to coexist, and all of them are actively used in court. This presentation aims to outline the current types of collective actions available in Germany and highlight some of the challenges that have arisen in recent cases.
4. US Civil Rights Class Actions After Trump v CASA, Inc - Dr James Metzger, Senior Lecturer, UNSW Law & Justice
The US Supreme Court decision in Trump v CASA, Inc, prohibited federal courts from issuing nationwide injunctions, but stated that similar relief could still be obtained in a class action alleging the same rights and claims. This presentation will discuss the implications of this statement in CASA and comment on the possibility of civil rights class actions going forward in US Courts.
5. Q&A
