White SW Computer Law
|Intellectual Property, Information Technology & Telecommunications Lawyers|
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email: firstname.lastname@example.org Internet: http://www.computerlaw.com.au
Class actions have the potential to:
But, litigants may face numerous problems, including uncertainty and risk, which benefit “repeat defendants” such as insurers and may deter potential plaintiffs who have had little exposure to the legal process; and under s.43(1A) of the Federal Court Act, costs cannot be ordered against a class member other than the representative. The risk of an adverse cost order, and other additional complexities faced by a class representative may deter individuals from acting as class representatives. Without a class representative, there is no class action.
Internet transactions are likely to give rise to many situations whereby a class action may arise due to the capacity to simultaneously pass the same information to a number of people. Whether Internet based claims will cause a rise in the number of class actions commenced is yet to be seen.
Federal Court Of Australia Act 1976 - Sect 33C
Supreme Court Act 1986 (Vic) - Sect 34
Section 35 applies-
Supreme Court Act 1986 (Vic)- Sect 35
Typical causes of action for Internet based claims may arise from :
Information technology related class actions are uncommon in Australia.
Year 2000 faults will be a likely source of class actions due to mass distribution of software (via the Internet or otherwise) and many examples of litigation have already been commenced in the US.
The Internet was designed to pass information to a large number of parties at the same time. As such, it is probable that a number of class actions will arise from Internet based transactions as the requirements of a class action more likely to be met when the same information is passed simultaneously by the same medium in comparison to traditional forms of media and distribution.
WHITE SW COMPUTER LAW
© White SW Computer Law 1999
This article is a guide only and should not be used as a substitute for proper legal advice, readers should make their own enquiries and seek appropriate legal advice.