Class Actions

We are uniquely placed, from our experience in defending many prominent class actions, to provide tailored insight into the effective management of risks arising from exposure to class actions.

Driving outstanding results 

Our priority is to reduce the extent of the class action and resolve or defeat it altogether. In some cases we have had claims:

• resolved before they were filed; 
• where the scope was narrowed once filed;
• resolved before the hearing commenced, with the claim dismissed and no payment;
• that have been entirely dismissed; and
• settled on favourable terms.

Experts in the field 

Ashurst's class actions partners deliver detailed and strategic consideration to each matter, and engage the right experts from across the firm to try and ensure each matter is dealt with in the best way possible. Few firms in Australia can deliver the same depth of expertise.

The quality of our service is often remarked upon by parties involved and is reflected in outstanding results.

We are at the cutting edge of class actions issues:

• acted on the only case that has gone to judgment on indirect "market based causation" – a key issue in securities class actions;
• conducted the first matter on whether "common fund orders" should be made early in class actions;
• currently acting in the ground breaking High Court joint appeals on whether common fund orders can be made at all;
• acted on the first matter on the substitution of representative plaintiffs; and
• implemented the first claims resolution process dealing with individual claims rather than a global settlement.

Our experience

Bank Fee Class Action

Acting for ANZ in a large consumer class action, with more than 35,000 group members. The claim alleged penalty, unconscionability and unfair contract terms. The claims were dismissed (in ANZ's favour) after two High Court judgments rewriting the law of penalties.

Allco Shareholder Class Action

Acting for KPMG. The claim related to disclosures of loan document terms and the classification of interest bearing liabilities in securitised loan portfolios. It included a landmark judgment on common fund orders to fund class actions, and was ultimately resolved following mediation.

Rivercity Investor Class Action

Acting for Royal Bank of Scotland / ABN Amro. The claim alleged misleading conduct by traffic forecasters and others regarding the North-South Bypass Tunnel in Brisbane. There were over 10 parties and claims of around $2billion. It was settled following mediation.

Tamaya Shareholder Class Action

Acting for Deloitte in this claim relating to non-impairment of mining assets and provisioning of intercompany loans. The claim against our client was dropped after our cross-examination of the plaintiffs' principal witness.

Gunns Shareholder Class Action

Acting for the listed forestry company in this continuous disclosure class action which was terminated when an order was made to wind up Gunns for other reasons. 

Oasis Investor Class Action

Acting for Royal Bank of Scotland / ABN Amro. The claim alleged misleading or deceptive conduct in relation to the information memoranda for CDO investments. 

Cartel Class Actions

In particular, acting for Cargolux in the air freight cartel that followed from the ACCC's investigation and prosecution, and BASF in the first Australian cartel class action.

Takata Airbag Class Action

Acting for BMW in a class action alleging it manufactured, distributed and sold vehicles fitted with defective airbags which have been the subject of a safety recall.

Equine Influenza Class Action

Acting for the Commonwealth in the class action arising from the Equine Influenza outbreak. It was a test case for tortious liability for government bodies, and was settled by being dismissed with no payment to the class – an almost unprecedented win.

NSW Health Class Action

Acting for the NSW Ministry of Health and 16 Local Health Districts in a class action challenging the legality of guarantees obtained by NSW hospitals to cover the cost of treating Medicare ineligible patients, and alleging misleading or deceptive conduct, unconscionability, and use of unfair contracts.

Kagara Shareholder Class Action

Acting for a former director in this claim which alleged misleading or deceptive conduct in relation to preparation of financial reports, and being knowingly concerned in continuous disclosure breaches.

Lehman Brothers Investor Class Action

Acting for the liquidators in this claim by investors in synthetic CDOs promoted by Lehman Brothers. A novel settlement scheme was introduced following primary judgment.