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The Federal Court Of Australia's Power To Terminate Properly Instituted Class Actions, Vince Morabito
The Federal Court Of Australia's Power To Terminate Properly Instituted Class Actions, Vince Morabito
Osgoode Hall Law Journal
The regime governing class actions in the Federal Court of Australia is unique, by international standards, as it does not require the formal authorisation of the Court before a proceeding may be brought and conducted as a class action. A class action may be commenced in the Federal Court as long as certain prerequisites are satisfied. Another unique aspect of this regime is that wide powers have been conferred upon the Court to terminate, as class actions, proceedings that have complied with the requirements for commencing a class action. It is the aim of this article to explore the conceptual …
Blocs, Swarms, And Outliers: Conceptualizing Disagreement On The Modern Supreme Court Of Canada, Peter Mccormick
Blocs, Swarms, And Outliers: Conceptualizing Disagreement On The Modern Supreme Court Of Canada, Peter Mccormick
Osgoode Hall Law Journal
Almost half of the Supreme Court of Canada's decisions are not unanimous, but not all disagreement is of a kind. It makes a difference whether the panel's unanimity is broken by a single dissident, by several judges signing a single set of reasons, or by several judges each writing separately. This article examines the notion of disagreement, suggests a conceptual framework in which the various disagreement formats can be located, applies that framework to the Court's performance over the past thirty years, and concludes with some speculation as to why the Supreme Court of Canada and the United States Supreme …