Swiftness Does Not Mean ‘First Past The Post'

On 20 November 2018, the Full Court of the Federal Court upheld a decision to permanently stay two out of three open class actions against GetSwift Limited.¹

With an increased number of competing class actions being commenced, the Full Court took the opportunity to provide general guidance on the range of factors to be considered and the possible options open to a docket judge in dealing with competing open class actions.  Some of the key inquiries to be undertaken include:

1. an assessment of the various funding and costs models to identify which model is likely to best motivate the class applicant's solicitor and funder to work assiduously to achieve the best outcome for the applicant and all group members; and