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Overview

Over the past five years, Australia has experienced an increase in the number of class action cases filed and prosecuted on behalf of groups of potential claimants, and a number of legal obstacles to the prosecution of class action claims in Australia have recently been removed or are subject to ongoing challenge.

Class actions (often called representative proceedings) involve a representative party bringing an action on behalf of a large number of similarly situated persons. Such actions can involve hundreds or even thousands of potential claimants and numerous defendants across several jurisdictions.

Australia’s present regulatory and legal environment, particularly in the post-Enron, post-HIH era, is characterised by heightened scrutiny of corporate conduct, creating the potential for more class action claims against corporations with significant shareholdings and diverse investment structures or who operate in highly regulated, information-sensitive markets.

Early class actions in Australia involved claims on behalf of consumers for loss caused by contaminated products such as peanut butter and oysters. These claims were funded by firms acting for the representative party in the class action. As the law and practice of class actions in Australia has developed so too have the types of claim and also the way in which those actions have been funded. The types of claim have now included claims such as those on behalf of consumers affected by anti-competitive behaviour including price fixing and market-sharing arrangements. There has also been a growth in a number of commercial funders of litigation, including class actions.

The ease with which class actions can be commenced coupled with the flexibility of the class action procedure is likely to provide a platform for further class actions in Australia. The availability of third party financing to pursue a class action is also likely to ensure that class actions are an increasingly common feature of the litigation landscape in Australia.

Freehills have a dedicated team of partners and solicitors who are seen as industry experts in class action litigation.

We offer the depth of resources and specialist knowledge needed to properly manage and successfully resolve or defend class action litigation.These claims require an expert understanding of the relevant court rules and basis on which mass claims can be challenged, a solid forensic knowledge of the relevant area of law, and a comprehensive understanding of the industry within which our clients operate.

Our team have experience in defending a wide spectrum of class action litigation, including claims relating to:

Our expertise in this area is underscored by the publication of Class Actions in Australia, by Freehills’ partners Damian Grave and Ken Adams. Class Actions in Australia is the first text to focus exclusively on class action law in Australia. It is a complete and comprehensive guide to this area of law.

We have advised and represented clients in relation to a number of Australia’s largest class action claims, and our team includes practitioners experienced in class action litigation in the United Sates.

Our Class Action team is backed by: