Class action

Information about current class actions.

  • This topic covers

    • General information about class actions
    • Centrelink Robodebt class action
    • Music Festival Searches class action
    • Optus data breach class action 
    • Medibank data breach class action investigation
    • First Nations Child Removal Class Action Investigation
    • Other class actions

     

Time limit Action 
Fixed by the CourtThe Court must fix a date that a class member may opt out of the class action.

Organisations

Organisation Responsibilities
Supreme Court NSW 

Hears class actions brought under Part 10 of the Civil Procedure Act 2005 (NSW).

Federal Court of Australia 

Hears class actions brought under Part IVA of the Federal Court of Australia Act 1976 (Cth) and Division 9.3 of the Federal Court Rules 2011 (Cth).

Legislation

AuthorityCovers

Civil Procedure Act 2005 (NSW)

Supreme Court Act 1970 (NSW

Uniform Civil Procedure Rules 2005

            How representative proceedings may be commenced in the Supreme Court of NSW.

             Federal Court of Australia Act 1976 (Cth)

            Federal Court Rules 2011 (Cth)

            How representative proceedings may be commenced in the Federal Court of Australia.

            Common termDefinition
            Causes of actionThe facts that give rise to an enforceable claim.
            Claim for reliefA statement of facts made by the plaintiff to prove that they have a right to recover against the defendant.
            Class actionA legal case in which one plaintiff brings an action on behalf of a group of people who have similar claims.
            Group memberThe members of the class action who are not a party to proceedings.
            Interlocutory applicationsAn application to a court for interim orders.
            Opt-outMembers can cease to be class members by opting-out of the class action.
            Representative plaintiffA person or persons who commence legal proceedings and instructs the lawyers on behalf of themselves and the other members of the class action.

            OrganisationFee
            Federal Court of AustraliaCourt Fees Payable
            Supreme Court of NSWFees

            OrganisationForms
            Federal Court of AustraliaForms under the Federal Court Rules 2011
            Supreme Court of NSWApproved and prescribed forms

            Type Costs
            Legal costs

            If you are successful, you can ask the Court to make a costs order against the other party.

            If you are unsuccessful, the Court can make a costs order against you.

            Last updated: December 2024