Skip to main content
Search
Cart 0
0

User account menu

  • Sign In

Main navigation

Sign In
  • About us
    • About ALI Overview
    • Frequently Asked Questions
    • Governance
      • Governance
      • Officers
      • Council
      • Committees
        • Committees
        • Standing Committees
        • Special Committees
        • Joint Committees
    • Awards
      • Awards
      • Henry J. Friendly Medal
      • John Minor Wisdom Award
      • Distinguished Service Award
      • Reporter's Chairs
      • Early Career Scholars Medal
    • Contact Us
      • Contact Us
      • ALI Staff
      • Employment Opportunites
    • ALI CLE
    • Video Library
  • Publications
    • All Publications
    • Get Email Updates
    • Trial Manual Electronic Publication
    • Style Manual
    • Reprint Permission
    • Publications FAQ
    • Customer Service
  • Projects
    • All Projects
    • Project Life Cycle
    • Style Manual
  • Meetings
    • All Meetings
    • Health and Safety
  • Members
    • Members Overview
    • About Our Members
      • About Our Members
      • In Memoriam
      • Regional Advisory Groups
      • Milestones
      • Newly Elected Members
    • Member Directory
    • Make a Gift
    • Membership FAQ
  • Giving
    • Giving Overview
    • Annual Fund
    • 100 for 100
    • Member Giving Circles
    • Life Member Class Gift
      • Life Member Class Gift
      • 2000 Life Member Class Gift
      • 1999 Life Member Class Gift
    • Sustaining Members
    • Ways to Give
    • Planned Giving
    • Law Firm Giving
    • Fundraising Disclosure Statement
    • Contact Us
  • News
    • News
    • Quarterly Newsletter
    • Podcast
    • Press Releases
    • Video Library
    • Annual Reports
    • ALI In the Courts
    • ALI CLE Programs
Donate
  1. Home
  2. News
  3. ALI Guidelines Help Australian Court
Home ALI Guidelines Help Australian Court
  1. News
In the Courts

ALI Guidelines Help Australian Court

Relies on ALI’s Endorsement of Second Opt-Out Right
April 08, 2016
Image Aggregate-Litigation.jpg

In its decision to reject a proposed class settlement, the Federal Court of Australia looked to ALI’s endorsement of a class member’s right to opt out of the class after learning about the actual terms of a settlement, citing the Principles of the Law, Aggregate Litigation.

The case, Kelly v. Willmott Forests Ltd., involved a settlement that included binding admissions by representatives for certain class members that all class members’ loan agreements with the defendant lenders were valid and enforceable. After agreeing to the admissions, the class members would be precluded from defending loan-enforcement proceedings by the lenders on any basis, including claims and defenses that might be raised in individual, and not class action, circumstances. This restriction would be imposed without the knowledge of any unique circumstances to an individual class member.

In weighing the benefits of finality for the lenders against each class member’s interest, Judge Bernard Michael Murphy found that the binding loan-enforceability admissions coupled with the failure/refusal to provide class members an opportunity to opt out of the settlements gave too much weight to finality.

Read the full opinion.

More News

See All

U.S. Supreme Court Cites Trusts 2d

Connecticut Supreme Court Adopts Punitive-Damages Rule Espoused by Restatements

U.S. Supreme Court Cites Conflict and Torts Restatements

Address

4025 Chestnut Street,
Philadelphia, PA 19104

215-243-1600

Footer

  • Privacy Policy
    Terms of Use
Donate

© Copyright 2024. All Rights Reserved.