In an action linked to so-called junk insurance, whereby customers allegedly paid for insurance on credit cards they weren’t eligible for, Slater and Gordon is now contacting affected consumers. Those who partake may also disagree with the settlement and/or course of legal action, but have little recourse. Someone may opt out, for example, if they want to pursue their own litigation. “It’s increasingly a problematic area in terms of the safety and security of that data and it’s fair to say corporations haven’t taken that seriously enough.” How do you get involved in a class action?Ī claim is typically brought by a representative plaintiff on behalf of a wider group.Īfter the proceedings start, the law firm is usually ordered to alert all affected people it can identify to tell them about the class action and the steps they can take to either participate – and receive the benefit from any settlement or judgment – or opt out. “Over the course of the last 20 years, we’ve voluntarily handed over huge amounts of personal data to corporations,” says Watson. Some customers are particularly susceptible, such as victims of domestic violence or those in sensitive jobs such as prison officers who go to great lengths to keep their details private. While those companies often say there was limited or no – financial loss – that’s not to say there hasn’t been harm. Several law firms have started or are weighing up actions against Optus and Medibank over massive data breaches that exposed the personal details of customers. There has been a growing number of consumer and product liability cases, related to alleged physical and financial harm from medical devices and financial products, while climate class actions are also gaining a foothold in Australia.įollowing the lead from the US, Australian law firms expect an increase in claims linked to environmental damage and failings by companies and governments to address threats of climate change. The milk company says it complied with its disclosure obligations at all times and will vigorously defend the proceedings. It is claimed that shares in the company fell more than 60% in value in a short period as sales through its unofficial Chinese distribution route – via so-called daigou sales – pulled back. Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundupįor example, the A2 milk company is facing several class actions over allegations that include it engaged in misleading and deceptive conduct. Originating in the US, Australia was an early adopter of the type of representative litigation that is now catching on around the world.Īustralia has historically had many shareholder actions, whereby investors allege that a company failed to disclose relevant facts or misinformed the market amid a fall in the value of its share price. There have been class actions in Australia since 1992 when favourable laws were drawn up, prompting an array of litigation. Some companies, such as AMP, are still defending multiple cases linked to issues revealed at the inquiry. “Where there is misconduct, actions will follow,” says Andrew Watson, national head of Maurice Blackburn’s class actions practice. The main reason for that flurry stemmed from the banking royal commission, which found widespread misconduct when it reported its findings in early 2019.
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