The Review: Class Actions in Australia 2018/2019

Welcome to The Review: Class Actions in Australia 2018/2019, in which we consider significant judgments, events and developments between 1 July 2018 and 30 June 2019.

It was another big year for new filings, with at least 54 class actions commenced – the same number of new actions as last year (up from previous periods). Twenty-two class action settlements were approved, with our estimate exceeding $500 million in total settlement funds.

There have been a number of developments over the past year that continue to shape class actions law and practice, including:

• the growth of financial services class actions, especially in the wake of the Banking Royal Commission;
• a dilemma for Courts in dealing with increasing numbers of competing class actions;
• continuing challenges to the fairness of commissions payable to third party litigation funders, with the Courts' powers to make common fund orders being affirmed by the Full Federal Court and NSW Court of Appeal but now subject to a pending High Court decision; and
• a range of broad reforms recommended by the Australian Law Reform Commission in its Inquiry into Class Action Proceedings. 

We hope you find this report informative