... while waiting for His Honors "4 reasons" in Feb 2015.
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CLASS ACTION SETTLEMENTS IN AUSTRALIA —
THE NEED FOR GREATER SCRUTINY MICHAEL LEGG*
Class actions in Australia are frequently resolved through a court-approved settlement.
Yet settlement is fraught with difficulties due to the representative nature of the class action
which sees group members who are not before the court bound by the settlement.
Consequently the legislature and the courts have taken steps to protect group members.
This article explains and critiques those protections before suggesting reforms to ensure
that class action settlements are subject to greater scrutiny.
In particular,the article focuses on court-appointed costs experts to assess legal fees, an independent guardian to represent group members’ interests,less use of suppression orders in relation to the details of the settlement and ensuring
settlement approvals are set out in publicly available judgments.
Further reading: Advance Copy Cite as: Michael Legg, ‘Class Action Settlements in Australia —
The Need for Greater Scrutiny’ (2014) 38(2) Melbourne University Law Review (Advance)
[ bolding added ]
www.law.unimelb.edu.au/58572950-654A-11E4-A8F00050568D27D4
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Agh, but where does the small fry get its Justice?
Spot on Mr LEGG, in words that is.
No action enforced on 8/12/14.
And blissfully, no more "leave it to the Judge" war cries.
Cheers,
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