Supreme Court Orders First Opt-Out Class Action in New Zealand: Southern Response Earthquake Services Limited v Ross

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dc.contributor.author Chamberlain, Nikki
dc.date.accessioned 2021-04-12T21:24:47Z
dc.date.available 2021-04-12T21:24:47Z
dc.date.issued 2021-3-14
dc.identifier.citation SSRN Electronic Journal 5 pages 01 Dec 2020
dc.identifier.issn 1839-4574
dc.identifier.uri https://hdl.handle.net/2292/54867
dc.description.abstract 2020 was a big year. From a socio-legal and political perspective, many legislatures and judiciaries around the world have dealt with issues arising from national elections, a global pandemic, and collective action reform. In Australia, the parliamentary enquiry into litigation funding for collective actions dominated the legal headlines. In New Zealand, the Law Commission’s review of class actions and litigation funding commenced. Against this background, it is no surprise that one of the most important decisions in New Zealand’s class action jurisprudence was released by the New Zealand Supreme Court in November 2020. In Southern Response Earthquake Services Limited v Ross, the New Zealand Supreme Court unanimously allowed an opt-out class action to proceed for the first time despite the lack of a specific statutory regime to govern the management of class action litigation. In layman’s terms, an opt-out class action occurs where the plaintiff class includes everyone who meets the class certification criteria unless those individuals expressly choose to opt-out. In contrast, an opt-in class action only includes individuals in a plaintiff class who expressly opt-in to a proceeding. The implications of Southern Response are immense. Note: This draft case note was accepted for publication by the Journal of Civil Litigation and Practice. The final version was published early 2021. Keywords: litigation, class actions, representative actions, litigation funding, opt-out, opt-in
dc.language en
dc.publisher Elsevier BV
dc.relation.ispartofseries SSRN Electronic Journal
dc.rights Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher.
dc.rights.uri https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm
dc.subject 1801 Law
dc.title Supreme Court Orders First Opt-Out Class Action in New Zealand: Southern Response Earthquake Services Limited v Ross
dc.type Journal Article
dc.identifier.doi 10.2139/ssrn.3783610
pubs.begin-page 143
pubs.volume 9
dc.date.updated 2021-03-21T05:44:35Z
dc.rights.holder Copyright: The author en
pubs.end-page 146
pubs.publication-status Accepted
dc.rights.accessrights http://purl.org/eprint/accessRights/RetrictedAccess en
pubs.subtype Article
pubs.elements-id 844602
dc.identifier.eissn 1556-5068


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