In Australia, securities class actions are an established legal mechanism
The first securities class action in Australia was filed in 1999 and there have been over 40 filings since the commencement. The most common filings relate to shares being acquired or sold due to alleged fraudulent conduct by the company. Claimants either acquired shares when they would not have done so or acquired shares at a higher price due to alleged misconduct Similar to the U.S., misleading conduct in respect to inaccurate or incomplete disclosure statements are the main causes for action by the shareholders. Behind the U.S., Australia is second for the number of companies to face securities class action lawsuits. Institutional investors in Australia have been increasing their activity in securities litigation even though we have not seen one as a lead plaintiff.
Securities class actions are becoming more relevant in Australia, but they still have an essential unresolved issue arising from both misleading or deceptive conduct and a breach of listed company’s disclosure obligations. Direct causation has not been established, also causing some uncertainty. Despite some lurking questions, Australia is well ahead of the curve when it comes to securities class actions outside of the U.S. Once the unresolved issues are addressed, a rise in future shareholder class actions is expected.
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