Access to justice and the future of class actions after recent reforms

11/11/2021 01:00 pm 11/11/2021 02:30 pm Australia/Melbourne Access to justice and the future of class actions after recent reforms

Access to civil justice has fluctuated over time. Looking back, what initiatives have changed such access? And what is the potential impact of recent legislative reforms in class actions and litigation funding?

These questions will be addressed by class action litigation experts Jason Betts (Herbert Smith Freehills) and Julian Schimmel (Maurice Blackburn), with corporate law scholar Professor Peta Spender. Panel members will also discuss litigation funder licensing and statutory minimum returns to litigants, the regulation of class actions as managed investment schemes, as well as the impact of the new requirement to prove fault elements in shareholder non-disclosure claims.

Speakers

Jason Betts, Partner, Herbert Smith Freehills Lawyers

Mr Betts is an Australian disputes partner and global co-head of class actions with Herbert Smith Freehills Lawyers, specialising in class action litigation and major regulatory investigations. He is one of Australia’s leading class action, corporate regulatory and product liability specialists with over 20 years litigation experience. He has defended Australia’s largest class action litigation (particularly shareholder claims) as well as various regulatory investigations and prosecutions and corporate distress liability issues in the Australian market. He also acted in the seminal 2006 Fostif decision which established the modern law on third party litigation funding.

Julian Schimmel, Principal Lawyer, Maurice Blackburn Lawyers

Mr Schimmel is a Principal Lawyer at Maurice Blackburn Lawyers based in Sydney, Australia. As a specialist in class action litigation, he has extensive experience over the past 14 years representing plaintiffs and class members in complex group actions in Australian courts. Mr Schimmel’s experience ranges across different types of class actions including shareholder claims against various ASX listed companies, product liability claims including major medical device litigation and the Volkswagen diesel emissions issue. Before joining Maurice Blackburn, Mr Schimmel worked in criminal law for six years, predominantly as a criminal defence lawyer at the Aboriginal Legal Service.

Professor Peta Spender, Emeritus Professor, Australian National University

Prof Spender is an Emeritus Professor and a Fellow of the Australian Academy of Law. She is a Presidential Member of the ACT Civil and Administrative Tribunal and was formerly appointed to the ACT Courts Joint Rules Advisory Committee. Her research passions straddle corporations and financial markets law as well as class actions and collective redress, and she publishes widely in these areas.  Prof Spender has made submissions to various law reform bodies including the James Hardie Special Commission of Inquiry and she is a co-author of the leading Australian casebook on litigation. Prof Spender is a respected corporate law scholar and her works have been cited by the Australian High Court and in amicus briefs filed in the US Supreme Court. For many years she has also explored the role of women in corporations including the issue of gender quotas for corporate boards.

Host and moderator

Dr Michael Duffy, Research Group Director and Senior Lecturer, Department of Business Law and Taxation, Monash Business School

Dr Duffy is the Director of the Corporate Law, Organisation and Litigation Research Group (CLOL) and a Senior Lecturer and Researcher in the Department of Business Law and Taxation at Monash Business School. He publishes on corporate law, financial services regulation, litigation and access to civil justice, class actions and law enforcement and has worked as a lawyer in litigation and investor class actions and at ASIC in enforcement. Dr Duffy was accredited by the Law Institute as a Commercial Litigation Specialist from 1997-2007. He has made law reform submissions, and has been cited by the Federal Court and by the VLRC and ALRC, PJC and Senate Economic References Committee (before which he appeared in 2021) on securities class actions and litigation funding.

Organised by

The Department of Business Law and Taxation, Monash Business School

Register now

Register via Zoom

Event Details

Date:
11 November 2021 at 1:00 pm – 2:30 pm
Venue:
Online - Melbourne time
Categories:
Business Law and Taxation

Description

Access to civil justice has fluctuated over time. Looking back, what initiatives have changed such access? And what is the potential impact of recent legislative reforms in class actions and litigation funding?

These questions will be addressed by class action litigation experts Jason Betts (Herbert Smith Freehills) and Julian Schimmel (Maurice Blackburn), with corporate law scholar Professor Peta Spender. Panel members will also discuss litigation funder licensing and statutory minimum returns to litigants, the regulation of class actions as managed investment schemes, as well as the impact of the new requirement to prove fault elements in shareholder non-disclosure claims.

Speakers

Jason Betts, Partner, Herbert Smith Freehills Lawyers

Mr Betts is an Australian disputes partner and global co-head of class actions with Herbert Smith Freehills Lawyers, specialising in class action litigation and major regulatory investigations. He is one of Australia’s leading class action, corporate regulatory and product liability specialists with over 20 years litigation experience. He has defended Australia’s largest class action litigation (particularly shareholder claims) as well as various regulatory investigations and prosecutions and corporate distress liability issues in the Australian market. He also acted in the seminal 2006 Fostif decision which established the modern law on third party litigation funding.

Julian Schimmel, Principal Lawyer, Maurice Blackburn Lawyers

Mr Schimmel is a Principal Lawyer at Maurice Blackburn Lawyers based in Sydney, Australia. As a specialist in class action litigation, he has extensive experience over the past 14 years representing plaintiffs and class members in complex group actions in Australian courts. Mr Schimmel’s experience ranges across different types of class actions including shareholder claims against various ASX listed companies, product liability claims including major medical device litigation and the Volkswagen diesel emissions issue. Before joining Maurice Blackburn, Mr Schimmel worked in criminal law for six years, predominantly as a criminal defence lawyer at the Aboriginal Legal Service.

Professor Peta Spender, Emeritus Professor, Australian National University

Prof Spender is an Emeritus Professor and a Fellow of the Australian Academy of Law. She is a Presidential Member of the ACT Civil and Administrative Tribunal and was formerly appointed to the ACT Courts Joint Rules Advisory Committee. Her research passions straddle corporations and financial markets law as well as class actions and collective redress, and she publishes widely in these areas.  Prof Spender has made submissions to various law reform bodies including the James Hardie Special Commission of Inquiry and she is a co-author of the leading Australian casebook on litigation. Prof Spender is a respected corporate law scholar and her works have been cited by the Australian High Court and in amicus briefs filed in the US Supreme Court. For many years she has also explored the role of women in corporations including the issue of gender quotas for corporate boards.

Host and moderator

Dr Michael Duffy, Research Group Director and Senior Lecturer, Department of Business Law and Taxation, Monash Business School

Dr Duffy is the Director of the Corporate Law, Organisation and Litigation Research Group (CLOL) and a Senior Lecturer and Researcher in the Department of Business Law and Taxation at Monash Business School. He publishes on corporate law, financial services regulation, litigation and access to civil justice, class actions and law enforcement and has worked as a lawyer in litigation and investor class actions and at ASIC in enforcement. Dr Duffy was accredited by the Law Institute as a Commercial Litigation Specialist from 1997-2007. He has made law reform submissions, and has been cited by the Federal Court and by the VLRC and ALRC, PJC and Senate Economic References Committee (before which he appeared in 2021) on securities class actions and litigation funding.

Organised by

The Department of Business Law and Taxation, Monash Business School

Register now

Register via Zoom