24 Aug 2017

Doing Business in Australia: the issues and trends in Australian class actions

Colin Loveday explores the issues and trends in Australian class actions.

To learn more about the key market trends and latest legal developments in Australia, visit our Australian Market: the state of play page.

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.


Looking ahead what are the major issues and fees for our international clients? First we have here in Australia a very, very active class action system in a highly litigious country, and so our clients need to be aware of this and understand that we have, and have had, product liability class actions conducted here in Australia that have never been certified in the United States. That's something that surprises many people.

The second thing is that we have here in Australia a very active consumer product regulator: a regulator that is reaching out and conducting its functions in a co-ordinated fashion with other international agencies. This means that actions by a client are literally being perceived and regulated on a global scale. It's another manifestation of the so-called global market, but it means for our clients that product liability issues and product safety issues are no longer purely a domestic issue and certainly should not be seen as something that can be resolved on purely a local level.