Law, society and the issue of mega-litigation

Davies, Chris (2010) Law, society and the issue of mega-litigation. In: 27th Annual Conference. From: Critic and Conscience, 27th Annual Conference of the Law and Society Association of Australia and New Zealand, 8 - 10 December 2010, Victoria University of Wellington, New Zealand.

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Abstract

The Seven Network v News Ltd, involving a claim of breach of s 45 of the Trade Practices Act 1974 (Cth) and Cha v Oh (No 23) [2009] NSWDC 336 involving a defamation claim, together required nearly 40 interlocutory judgments during the course of the trials. In Seven Network these involved questions relating to whether certain documents should be subject to privilege, or whether the reports of various experts should be admitted, while the interlocutory judgments in Cha involved procedural questions. Some of the legal problems in Cha were created by the plaintiff running out of money due to the length of the case which, in part, was caused by the fact that it involved 14 respondents. The case therefore raises issues as to whether the final award of a relatively modest $240,000 warranted the long defamation trial. Seven Network meanwhile raises issues as to whether the estimated cost of $200m was justified, particularly as it is. tax deductable for the companies, and whether companies should be allowed to use the court system for such litigation.

Item ID: 15805
Item Type: Conference Item (Other)
Keywords: mega-litigation
Date Deposited: 04 Apr 2011 22:42
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180119 Law and Society @ 50%
18 LAW AND LEGAL STUDIES > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession @ 50%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%
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