units

LAW4212E

Faculty of Law

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Monash University Handbook 2011 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2011

Synopsis

Topics include: introduction to class actions; criteria for bringing a class action; costs and class action; compensating the class lawyer; settlement; financing class actions; and court regulation of communication with the class.

Objectives

Upon completing this unit, students should:

  • appreciate the historical development of class actions (CA) or their equivalent;
  • have a comprehensive understanding of the sources of CA in each of the target countries;
  • be able to evaluate the aims, the means and the consequences of an effective class action device;
  • understand the range of alternatives to a class action in individually non-viable claims;
  • be able to evaluate the evolving role of the judiciary in both common law and civil law jurisdictions;
  • understand the relative roles and powers of courts and the legislature in class actions;
  • evaluate the role of the 'lawyer entrepreneur model'; and
  • be familiar with the comparative method as it applies to class actions.

Assessment

100% examination (2.5 hours plus 10 minutes reading/settling time) OR 50% examination (1.5 hours plus 10 minutes reading/settling time) and 50% research paper (3500 words).

Prerequisites

LAW5104