Class Actions – What are they?

Class actions in Australia have become an important mechanism for seeking justice and compensation in Australia. They allow a group of individuals with similar claims to collectively pursue legal action against a common defendant(s). You may have been involved in a class action or want to pursue one.

Class actions in Australia have become an important mechanism for seeking justice and compensation in Australia. They allow a group of individuals with similar claims to collectively pursue legal action against a common defendant(s). You may have been involved in a class action or want to pursue one. Here we give you some examples of class actions which have been pursued in Australia:

1. Consumer Class Actions:
Consumer class actions are filed on behalf of a group of consumers who have suffered harm or financial loss due to the actions of a company or organisation. These actions often involve product liability, misleading advertising, or breaches of consumer protection laws. An example of a consumer class action is the FD Legal Bank Scam Class Action which is presently being investigated.

2. Shareholder Class Actions:
Shareholder class actions are brought by shareholders who have suffered financial losses due to alleged misconduct or misleading information provided by a company. These actions typically involve claims of corporate fraud, misrepresentation, or breaches of continuous disclosure obligations. An example of a shareholder class action is the action commenced by shareholders of AMP Limited following revelations of misconduct during the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

3. Environmental Class Actions:
Environmental class actions focus on seeking compensation for individuals or communities affected by environmental harm caused by corporations or government entities. These actions may involve pollution, toxic spills, land contamination, or other environmental disasters. An example of an environmental class action is the PFAS Contamination Class Actions which the Department of Defence was pursued for contamination of groundwater.

4. Employment Class Actions:
Employment class actions are filed on behalf of a group of employees who have experienced workplace discrimination, wage theft, unfair dismissal, or other employment-related issues. An example of an employment class action is the Woolworths Employee Class Action which alleged Woolworths underpaid staff by breaching the relevant industrial awards and underpaid staff for evening, weekend, and public holiday work.

5. Product Liability Class Actions:
Product liability class actions are brought by individuals who have suffered injuries or damages due to defective or dangerous products. These actions typically involve claims against manufacturers, distributors, or retailers. An example of a product liability class action is the Johnson & Johnson Hip Replacement Class Action which alleging that metal-on-metal hip implants produced by Johnson & Johnson's subsidiary, DePuy, were failing at a higher rate than expected causing involved patients experiencing complications such as pain, swelling, and difficulty walking.

6. Discrimination Class Actions:
A Discrimination class action refers to a legal action filed on behalf of a group of individuals who have allegedly experienced discrimination by the same entity or individual. Discrimination occurs when a person is treated unfairly or disadvantaged based on certain attributes, such as race, gender, age, disability, religion, or sexual orientation. An example of a discrimination class action is the Stolen Generations class action filed on behalf of Indigenous Australians who were forcibly removed from their families and placed in institutional care between 1910 and 1970. The class action sought compensation for the harm caused by this discriminatory policy.

If you want to pursue a class action, or you are considering registering for a class action or already have registered, FD Legal are here to help. Contact us on 1300 433 533 or on enquiry@fdlegal.com.au for an obligation free consultation.

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