Australian High Court Rules on Competing Class Actions
Australia’s High Court determined by a slim 3-2 majority that first-come-first-serve will not apply to overlapping or competing class actions. Some have suggested that there should be a presumption that the first case filed should proceed, and later cases stayed. The High Court disagreed, and instead suggested numerous factors that should be considered. Lexology details the list of considerations courts weighed in a recent determination on class actions against AMP. These included:
- the scope and nature of the cause of action
- working theory of the case
- class size
- availability of legal funding and other resources
- progress made
- experience of the legal team
- estimated net return to claimants