Tag archives: Class actions

Certification of class actions and triable issue

This recent High Court judgment warns that class action certification is not there for the mere asking. The lengthy 125-page judgment canvases issues such as the suitability of the class representatives, commonality, funding arrangements, litigation funders, contingency fees and whether there exists a cause of action raised on a triable issue. It is worth a … Continue reading

Opt-out class actions – a review and a certification

This judgement contains: a very useful review of the development of class actions in South African law; a consideration of whether to certify the particular class action on an opt-out or opt-in basis and decides that the interests of justice warranted certification of the class action on an opt-out basis. An opt-out class action automatically … Continue reading

Class actions in the banking industry

The global banking industry has seen an increasing number of class actions being brought against it. In August 2014 an application for class action certification was launched against a number of Australian banks in New South Wales. The class potentially consists of hundreds of thousands of bank customers who were allegedly charged excessive credit card … Continue reading