Law Council of Australia

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Representative Proceedings - Discussion Paper - Project No 103

Submission Date: 7 June 2013

The Law Council of Australia provided a submission to comment on the Law Reform Commission of Western Australia’s (Commission) Discussion Paper on Representative Proceedings dated February 2013 (Discussion Paper).

This submission was prepared for the Law Council by the Legal Practice Section’s Australian Consumer Law Committee and the Federal Litigation Section’s Class Actions Committee. The lead author was the Deputy Chair of the Class Actions Committee, Mr Ben Slade, who is also a member of the Australian Consumer Law Committee. The Law Society of Western Australia and the Bar Association of Western Australia were consulted in the preparation of this submission.

The Law Council is advised on legal and regulatory issues regarding representative proceedings or class actions by its Class Actions Committee, which includes some of Australia’s leading practitioners in class action litigation. The membership includes senior lawyers who represent plaintiffs and class action members, as well as defendants, and includes a retired Federal Court Judge.

This submission is also an initiative of the Australian Consumer Law Committee, a subcommittee of the Legal Practice Section of the Law Council.

This submission responds to the Commission proposal at [6.29] of the Discussion Paper and the issues immediately following at [6.30] and [6.31] at 97–98.

The Law Council supports the Commission’s proposal that Western Australia (WA) adopt legislation to create a scheme allowing representative actions in substantially similar terms to Part IVA of the Federal Court of Australia Act 1976 (Cth).

The Law Council recommends that the amendments to the Federal Court scheme that have been adopted in NSW also be incorporated into the WA regime.

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Last Updated on 07/05/2025

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