Proposed changes to laws surrounding class actions in NSW would be welcomed by the profession, according to Maurice Blackburn principal Rebecca Gilsenan. The proposal to change the NSW class action regime received provisional support from the NSW cabinet last week and could be introduced by the end of the year following a public consultation period.

Gilsenan said the current laws in NSW make it class actions unattractive, meaning these cases normally go straight to the federal level instead of the NSW Supreme Court. “The changes would ensure NSW is a more attractive option - it’s currently not a real option when looking to begin a class action,” said Gilsenan. 

One of the main concerns with the NSW class action regime is that there is not a single interlocutory judge, or docket judge, when applications are filed; both the federal regime and the Victorian regime have a single judge.  “It would make the state regime more consistent with the federal regime,” said Gilsenan.

The proposed regime is based on Part IVA of the Federal Court of Australia Act, which sets out class action rules. Other reforms to the class action regime include the provision for class actions to be brought for a ‘closed class’ who have signed funding agreements, allowing members to participate in a class action, even if they don’t have a claim against all defendants.

Gilsenan is currently involved in the class action against Amcor Limited and Visy Board regarding alleged price fixing in the corrugated fibreboard packaging market.

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