Outline

Overview

This unit of study will focus on the practice and procedure of class actions, which have emerged as the fastest growing species of litigation in Australia. Students will review the threshold requirements of commencing a class action, the processes by which class actions are brought to mediation and trial, and the perspectives of plaintiffs, defendants and third party litigation funders. The intersections of the legal and economic aspects of class actions will be considers in the context of a variety of species of this litigation, including shareholder, consumer, product liability, mass torts, environmental and cartel conduct claims. Students will review the relevant state and federal legislation governing class actions and case law that has developed in this area, together with developing a real-world practical understanding of how this litigation is conducted before the Courts.

Unit details and rules

Unit code	LAWS6307
Academic unit	Law
Credit points	6
Prohibitions ?	LAWS6230 or LAWS6869
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Barbara McDonald, barbara.mcdonald@sydney.edu.au

Type	Description	Weight	Due	Length
Presentation	Oral presentation and debate An in-class debate with groups arguing either side of decided cases	20%	Multiple weeks	10-15 minutes per group
Outcomes assessed:
Assignment	Case study A case study examining in detail a recent or current class action case	30%	Week 05 Due date: 06 Sep 2021 at 12:00 Closing date: 27 Sep 2021	2000 words
Outcomes assessed:
Assignment	Essay A critical evaluation: class actions, public interest and law reform	50%	Week 13 Due date: 12 Nov 2021 at 16:00 Closing date: 06 Dec 2021	5000 words
Outcomes assessed:
= hurdle task ? = group assignment ?

Assessment summary

Case study (30%): A case study examining in detail a recent or current class action case, highlighting its importance to the development of the class action procedure and/or a substantive area of law which will significantly impact the class action jurisdiction. Case names and citations for the case study will be found in the Reading Guide, available on Canvas. This is due on 6 September, 2021 at 12pm.

Presentation (20%): An in-class debate between students arguing either side of an issue that has been litigated in the courts to date. Student groups will be provided with actual submissions or transcripts from previous cases and will be required to present structured arguments, with the unit of study lecturer acting as the Court.

Essay (50%): An essay critically evaluating the question of whether class action laws and procedures serve broader public interest objectives and considering areas where further reform of such laws and procedures may be required. This is due on 12 November, 2021 at 4pm. Further details about the essay will be available on Canvas and will be given in the first class.

Assessment requirement to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult to understand through poor grammar, expression or structure. Does not demonstrate the minimum level of competence.

For more information see sydney.edu.au/students/guide-to-grades.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. If the assessment is submitted more than ten calendar days late without an extension, a mark of zero will be awarded.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	Overview: the policy behind class action litigation; the anatomy of class actions; threshold requirements for commencing class actions; and core provisions of federal and state legislation.	Seminar (2 hr)
Week 02	The role of the representative party and the status of group members	Seminar (2 hr)
Week 03	The economics of class actions. Fees, financing of class action litigation and the role of third party funding	Seminar (2 hr)
Week 04	Conducting class action proceedings in Court. The interlocutory process and unique features of class actions	Seminar (2 hr)
Week 05	Competing class actions: fighting for the right to sue the defendant	Seminar (2 hr)
Week 06	How class actions are resolved- the complex process of settling a class action	Seminar (2 hr)
Week 07	Trial of class action proceedings	Seminar (2 hr)
Week 08	Proposals for the reform of class actions and whether class actions are achieving their intended goals	Seminar (2 hr)
Week 09	Debates - Part 1: Topical issues and damous cases	Seminar (2 hr)
Week 10	Debates- Part 2: Topical issues and famous cases	Seminar (2 hr)
Week 11	Comparison between Australian and US/Canada class actions	Seminar (2 hr)
Week 12	Class actions in the real world-interviews with a plaintif lawyer, a defendant lawyer, a funder and an insurer	Seminar (2 hr)
Week 13	Review week	Seminar (2 hr)

Attendance and class requirements

Lecturer: Mr Jason Betts

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Word count penalty:A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing:The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library Reading List, available on Canvas.

Prescribed readings:

D Grave, K Adams,J Betts, Class Actions in Australia 2nd Edition, 2012, Thomson Reuters. ( available also as an e-book)https://legal.thomsonreuters.com.au/class-actions-in-australia-2e-ebook/productdetail/115499

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. Demonstrate an understanding of the requirements for commencing a class action and the processes by which class actions are conducted from commencement through to settlement or judgment.
LO2. Demonstrate a knowledge and comprehension of the relevant state and federal legislation governing class actions and the relevant case law across each relevant Australian jurisdiction.
LO3. Demonstrate an understanding of the perspectives and interests of various stakeholders in class actions, including the parties, group members (consumers and shareholders), insurers, and economic and other incentives of each; this will include understanding the real-world context in which class actions arise, and whether class actions achieve appropriate outcomes.
LO4. Demonstrate an understanding of proposals and arguments for reform of the law and practice of class actions.
LO5. Demonstrate the ability to debate with persuasive arguments topical issues in class action litigation and policy.
LO6. Demonstrate enhanced written communication skills on issues related to class action litigation.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

This unit replaced LAWS6307 Expert Evidence Law and Class Action Procedure.

Additional information

Resources - Sydney Law students

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6307: Class Action Litigation in Australia

Semester 2, 2021 [Normal evening] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect