What is a Class Action?

A class action – or “representative proceeding” as it is formally known – is a court proceeding where the claims of a group or “class” of persons are brought by one or a small number of named representatives. In Australia, there are class action regimes in both the Federal Court and in the State Supreme Courts.

Why you should Opt-Out and not pursue a Class Action:

Opting out means you are free to pursue your own personal claim and won’t be bound by the result of the class action. And submitting a claim as an individual could get you a refund that’s usually substantially more than those taking a class action.

If you wish to Opt-out, please complete a “Notice of opting out by class member” form and send it to the Supreme or Federal Court who is dealing with the class action. This handy link will direct you to the form.

How does a class action work:

Class actions in Australia work on an opt-out model. This means that all potential claimants become members of the action whether they intended to participate or not. These members are bound by the judgment of the court or settlement unless they opt-out. If you are involved in a class action you will be notified.

How are class action settlements divided:

Pro rata settlements divide money in a class action lawsuit by splitting the amount equally among the Class Members. The share each Class Member will receive can depend on either the total number of individuals in the Class or by the number of valid claims filed, depending on how the agreement is drafted. So you may well receive much less that you are entitled too.

What happens if you lose a class action lawsuit:

When a class action is lost, the plaintiffs who are members of the class will not receive any compensation for the damages that they experienced. … As a result, the members of a class action cannot file their own individual or personal lawsuits if the court finds for the defendant in a class action case. So you will lose your opportunity to have your individual circumstances assessed and compensated accordingly.

Australian Opt-Out model:

Australian Class Actions use an opt-out model. This means that all people affected by the event or circumstance become members of the class action whether they intended to or not. These members are legally bound by the decision of the court or settlement unless they opt-out of the proceedings. Many of the members do not receive their opt-notice because they have changed personal details, such as addresses and do not register for compensation in time which means they are unable to get a refund on the mis-sold insurance product.

We are here to help:

The entire class action process can be extremely overwhelming and time consuming, we are here to HELP and do all the heavy lifting on your behalf to get the best outcome and maximise your refund.