ABSTRACT
The legislative class regime that governs class actions in the Supreme Court of Victoria is Australia’s second most-used and oldest class action regime as it has been in operation for 26 years. Furthermore, as a result of the most important and controversial addition ever made to an existing Australian legislative class action regime, since July 2020 solicitors running Victorian class actions have been able to do what no other solicitors can do in Australian courts, namely, being remunerated on the basis of American-style contingency fees, pursuant to which they will receive a percentage (specified in a Court order) of the settlement proceeds or damages secured on behalf of the claimants. Despite these important developments, no comprehensive scholarly analysis may be found, in the legal literature, of the crucial question of whether this class action regime has secured the access to justice goal that it was designed to attain. The principal purpose of this article is to address this lacuna in the legal literature on class actions and access to justice.
€ (Westlaw)
Vince Morabito, ‘Has Victoria’s class action regime secured access to justice for victims of mass harm?’ (2026) 45(1) Civil Justice Quarterly 18-50.
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