Class actions are an established and specialised part of the Australian legal landscape.
A company is more likely to face a major class action in Australia than in any other country apart from the United States. A plaintiff-friendly class action regime, an increasingly entrepreneurial legal market and an active (and largely unregulated) third party funding market have all contributed to this position.
If a class action is threatened or commenced against your organisation, it is important to resist knee‑jerk reactions and to instead engage in an objective assessment of risk from day one. As a preventative measure, it is also important to be conscious of the types of conduct that may give rise to class action risk in your business, and to ensure appropriate systems are in place to minimise the risk of that conduct occurring. It is also prudent to have plans in place so that, should something goes awry, the response can be swift and based on an objective assessment of risk.
How we can help
Addressing the issues that arise in the course of a class action requires specialised knowledge and expertise. Entrusting the defence of a class action to lawyers who are not class action experts involves unnecessary risk.
Dealing with large and complex class actions
The breadth and depth of our experience gives our team the practical knowledge and insights to deal with the unique legal, strategic and reputational issues that can arise when a class action is threatened or filed.
Helping our clients deal with the big picture
A class action (whether filed or threatened) raises a broad range of legal, commercial and strategic issues that extend well beyond the litigation itself. Successfully navigating the non-legal issues is often just as important (if not more so) as securing an acceptable outcome on the legal issues.
Steering the direction
Class actions practice has changed substantially in recent years as the entrepreneurial methods of class action lawyers and funders test the boundaries of the class actions regime. We are at the forefront of the discussion and debate, representing the collective interests of clients in court and industry committees, making submissions to law reform bodies and through commentary at conferences and in publications.