Class actions

You can be part of a class action as a group member if you meet the eligibility criteria specific to the case. The representative doesn't need permission from the group members in order to start a class action. However, there are mechanisms in place to protect group member's interests:

• The court requires that all group members are notified about the class action and their rights such as the opportunity to opt-out.
• The court manages class actions very closely, including regular hearings and conferences involving a judge.
• A class action can't be settled without the court's permission. In cases where settlement isn't reached, the case will go to trial where the outcome is determined by judgment of the court.
• The court can stop a class action if they find that the procedures aren't appropriate.

Opt-in

We run our class actions on a no win, no fee basis and signing up will not expose you to any out of pocket costs, even if the legal proceedings are not successful. The law firm or litigation funder will bear the costs and the risks in running the case – not the participating group members.

It’s important to register for a class action as soon as you're aware that you're an eligible group member, so that the lawyers can keep you updated about the important milestones of the case.

Opt-out

While you can proactively register your interest to be involved in a class action, in Australia they're generally run on an opt-out basis. This means that anyone who meets the eligibility criteria is automatically part of he class action, regardless of whether they knew about the claim beforehand. This way, the rights of people who don't have access to lawyers are still protected by the claim. The eligibility criteria are different for each class action.

You'll be notified if you're involved in a class action. If you want to opt-out, you'll have to do this by a specific date set by the court. If you opt-out, you remove yourself from a claim completely and won't be affected by the outcome. However, this also means that you won't be able to take advantage of any of the outcomes and you won't share in the benefits. You can still make your own individual claim if you want to. 

It's a good idea to seek advice before deciding to opt-out and consider your options.

Class action settlements need to be approved by the court. If a settlement is reached, the representative will propose this for the court to consider. The court will hold a settlement approval hearing to determine whether they approve of the proposed settlement.

They will generally consider if:

1. The settlement and legal costs are fair and reasonable considering the claims made on behalf of the group.
2. The settlement is in the best interests of the group members and representative, and not just that of the defendant and representative.

Group members have the opportunity to object if they don't agree with the proposed settlement.

Once a settlement is approved, a Settlement Scheme is implemented outlining how funds will be distributed amongst group members. The process of distributing the funds can be complicated and very time consuming.