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Unit outline_

LAWS6307: Class Action Litigation in Australia

Semester 2, 2024 [Normal evening] - Castlereagh St, Sydney

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. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS6230 or LAWS6869
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Jeanne Huang, jeanne.huang@sydney.edu.au
The census date for this unit availability is 2 September 2024
Type Description Weight Due Length
Participation Class Participation (20%)
class participation - on call in two seminars
20% Ongoing On call on two occasions
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Assignment Essay (80%)
A critical evaluation: class actions, public interest and law reform
80% Week 13
Due date: 01 Nov 2024 at 16:00

Closing date: 15 Nov 2024
6000 words / 12 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO6

Assessment summary

Class Participation (20%): Students will be allocated to be on call on two occasions during the semester. Being on call requires students to have read the set materials for that class, that is, any readings or cases, and be prepared to contribute to discussion and answer questions. Allocations will be made in the first seminar.  

Essay (80%): Essay topics will be released in week 1 and students will be required to submit a maximum 6000 word (exclude references) research essay due on Friday 1 November 2024 at 4pm Sydney, Australia time. Essay topics, if not those suggested by the lecturer, must be approved by the lecturer by email no later than the end of Week 6 (Friday 6 September 2024 at 4pm Sydney, Australia time).

Word limit 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 all footnotes and any bibliography (if required).  

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged. 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

Assessment requirements 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 2021 (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 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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 4 pm but before the same time the following day will attract a 10% penalty. Penalties for late submission will be strictly applied.

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.

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Mid-semester break Proposals for the reform of class actions and whether class actions are achieving their intended goals. Seminar (2 hr) LO1 LO2 LO3 LO5
Week 01 Overview of Class Actions in Australia Seminar (2 hr) LO1 LO2
Week 02 Threshold requirements for commencement of representative proceedings Seminar (2 hr) LO1 LO2 LO3
Week 03 The role of the representative party and the status of group members Seminar (2 hr) LO1 LO2 LO3
Week 04 The economics of class actions: Fees, financing of class action litigation and the role of third-party funding Seminar (2 hr) LO1 LO2 LO3
Week 05 Conducting class action proceedings in Court: The interlocutory process and unique features of class actions Seminar (2 hr) LO1 LO2 LO3
Week 06 Competing class actions: fighting for the right to sue the defendant Seminar (2 hr) LO1 LO2 LO3
Week 07 How class actions are resolved – the complex process of settling a class action Seminar (2 hr) LO1 LO2 LO3
Week 08 Trial of class action proceedings Seminar (2 hr) LO1 LO2 LO3 LO4
Week 09 Conclusion of representative proceedings and appeals Seminar (2 hr) LO1 LO2 LO3 LO5
Week 11 Shareholder class actions Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Week 12 Class actions in the real world-interviews with a plaintiff lawyer, a defendant lawyer, a funder and an insurer Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Week 13 Review week: discussion and questions Seminar (2 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking 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. 

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 Referencing and Citation Styles: AGLC4  

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 3rd Edition, 2022, Thomson Reuters.

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.

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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

No changes since 2023.

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.