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Class action

Frequently Asked Questions about current class actions.

  • Key issues

    • Do you need to find out about who is handling a class action? 
    • Do you want to join a class action? 
    • Are part of a group of people affected by a class action, listed below? 
      • Centrelink Robodebt class action
      • Music Festival Searches class action 
      • Optus data breach class action 
      • Medibank data breach class action investigation
      • First Nations Child Removal Class Action investigation
      • Other class actions

What is a class action?

A class action is a case filed on behalf of a group by a single representative.

They are also referred to as Representative Proceedings.

In NSW, class actions take place in the Federal Court of Australia and the Supreme Court of NSW.

For a class action to take place there are three criteria that need to be fulfilled:

  • there must be seven or more people claiming
  • the claim must be about the same, or similar, event/circumstances, and
  • the claim must relate to at least one common issue of law or fact.

For more information, see:

How do I find out about who is handling a class action?

Generally, once a class action has begun against an individual or business, a public notice will be published in a major newspaper.

The public notice will outline the name of the law firm or government body that has started the matter in court.

For more information, see:

Private law firms usually publish a list of the current class actions they are involved in.

How do I join a class action?

There are two main types of class actions in Australia:

  • opt out class actions, and
  • opt in class actions. 

Most class action in Australia are run on an opt out model.

In opt out class actions, if a person meets a set of eligibility criteria, then they are automatically included in a group member unless they opt out.

In opt in class actions, you need to actively contact the law firm or government body running the class against the individual or business and register your interest. Before you opt in, you should ask about all the costs you may need to pay if the class action is successful or unsuccessful.

The public notice will outline whether you need to contact the law firm or government body to join the class action.

Legal Aid NSW does not provide legal assistance in relation to class actions. If you have any questions about class actions, you should get legal advice.

Can I take legal action if I am injured from a fall in a shopping centre?

You may be able to take legal action against the shopping centre owner (or shop owner or tenant renting the shop) if you believe that they were negligent in their duty to you and this led to you being injured. Negligence can occur when someone doesn’t show care in a situation where it would be expected (or reasonably expected), taking into account all of the circumstances. 

Taking legal action for negligence can be complex. If you want to make a claim, you should get legal advice from a private lawyer. Generally, legal action must be commenced within three years of injury.

What is a Robodebt?

A Robodebt is a debt for overpayment of social security payments by Centrelink. 

Who is a group member?

If you are part of a group of people affected by a class action, you are called a group member. 

In this case, you may be a group member if:

  • you received social security payments between about April 2015 and November 2019 and Centrelink sent you a letter for overpayment of benefits after asking for proof of income
  • you received a notice from MyGov about Robodebt (Social Security Debt Collection) Class Action (VID1252/2019).

What was this case about?

This case was about whether the Australian government broke the law by using the automated Robodebt system to re-assess the entitlements of Centrelink customers to social security payments, and to issue debt notices for overpayment. 

From about April 2015 until November 2019, the government used the Robodebt system to re-assess a person’s entitlements to social security payments by using average income data from the Australian Tax Office rather than the person’s actual income. 

Where the system detected that a person had received an overpayment based on average income data and not their actual income, it issued them with a debt notice to repay the overpayment. 

On 16 November 2020, the Federal Government agreed to settle the class action, repay debts collected from group members and pay compensation to the group members. The Government did not admit legally liability for any wrongdoing. 

For more information, see Robodebt Frequently Asked Questions on the Gordon Legal website. 

Where can I get legal advice?

If you want to get legal advice about this class action, you should contact Gordon Legal or a private lawyer. 

If you would like advice on Robodebt generally, you can contact the Legal Aid NSW Social Security and Immigration Law Service.

What happens now that the class action has settled?

On 29 May 2020, the government announced that the Robodebt was unlawful and that it will refund debts collected using Robodebt. This applies to most but not all group members. You don't need to do anything further in order to receive this repayment. 

On 16 November 2020 Gordon Legal announced that the Federal government had agreed:

  • to settle the class action 
  • pay the group members $112 million in compensation
  • repay $720 million in debts collected from group members
  • drop claims for debts of approximately $398 million against group members. 

The settlement has been approved by the Court.

A notice setting out the proposed Settlement Distribution Scheme and the entitlements that will be paid under the settlement will now be sent to all group members.

For more information, see Robodebt Frequently Asked Questions on the Gordon Legal website. 

When will I receive a refund?

The government announced in May 2020 that they would commence paying back refunds from early July 2020. The majority of refunds have now been paid.

The refund will include the repayment of any money paid towards a Robodebt as well as interest charged on the debt.

For more information, see Robodebt Frequently Asked Questions on the Gordon Legal website. 

What is the Music Festival Searches Class Action ?

The Music Festival Searches Class Action is on behalf of people who:

  • attended a NSW music festival since 22 July 2016, and 
  • were strip searched by NSW Police at the festival on the basis that police suspected they were in possession of drugs.

The class action has been started in the Supreme Court of NSW by Redfern Legal Centre and Slater and Gordon. 

For more information, see:

What is a strip search?

A strip search involves you being required to take off some or all of your clothes and for police to look at your body and/or under your clothes. 

A strip search does not include being asked to take off an outer layer of clothing, for example, a jacket.

Is a strip search illegal?

Police have the power to stop and search you, but they can’t strip search you for no reason. Before they can search you they must suspect on reasonable grounds that you have something illegal on you, for example drugs or a weapon.

A strip search should only be done if police suspect on reasonable grounds it is necessary for the purposes of the search. 

Police can only conduct a strip search outside of the police station if they suspect on reasonable grounds that the situation is serious and urgent enough to make the strip search necessary, unless you consent (agree) to the strip search. 

You should never consent to a police search. If police want to search you, tell them you don't consent to the search, but if they search you anyway, don't resist. If this happens you should get legal advice.

A strip search should:

  • be done in private
  • be done by a person of the same sex as you
  • never be done on a child under 10
  • only be done on a child aged 10-17 if they have a parent, guardian or other adult who is not a police officer present (unless certain circumstances exist)
  • not be done while police are questioning you
  • allow you to dress again as soon as possible after a strip search
  • not include a cavity search
  • not include any touching of your body by police officers.

Why is there a class action?

Strip searches are very invasive and should be used only as a last resort. The law uses the words “seriousness” and “urgency” when describing situations where a strip search is necessary, but in practice, this isn’t always when they are used by police. 

Recent public inquiries have shown that the number of strip searches increased by twenty times from 2006 to 2018, and that many of these may not have been lawful searches. 

Redfern Legal Centre and Slater and Gordon Lawyers have filed a class action involving unlawful strip searches.

A class action means that the Court can look at a large amount of cases at once and look at patterns in how police conduct strip searches. A class action makes it easier for people who have been strip searched to go to court, as it removes some of the risks and costs of going to court. 

If the class action or actions are successful in court, this means that people who have been unlawfully searched may get compensated, and the decision can help to keep police accountable. For more information see, Media Release: Strip Search class action trial date set on the Redfern Legal Centre website. 

I have been strip searched. Am I automatically included in the case?

Yes, if you are a group member you are automatically included in the case unless you choose to opt-out. A group member is someone who:

  • attended a NSW music festival since 22 July 2016, and
  • was strip searched by NSW Police at the festival on the basis that police suspected they were in possession of drugs.

The Supreme Court NSW has set a trial date for the class action lawsuit. The trial will start on 5 May 2025 and is set to last for four weeks.

You can register to tell your story and get updates about the case directly. Registration is free and confidential.

If you were searched by police and aren’t sure if it was a strip search or not, you can still register and explain what happened to you.

You can register by:

  • email via stripsearch@slatergordon.com.au
  • phone on 1800 568 723
  • online on the Slater and Gordon website.

To find out more about the strip search class action see:

Do I have to pay any money to be part of the class action?

No, the class action is running on a no win, no fee basis. This means that members don't have to pay any costs unless the class action is successful in court. If it is successful, the legal costs may be deducted out of any amount of money awarded to members of the class action.

What if I already have a lawyer? 

If you already have a lawyer who is representing you on a strip search claim, you can still register for the class action investigation. You should talk to your lawyer about this first. They can still represent you but can also sign up to receive updates on the class action.

Can I register if I have a criminal case in Court?

Yes. If you have a criminal case currently in Court involving a strip search, you can still register for the investigation.

What is the Optus data breach class action?

Maurice Blackburn is investigating a potential class action against Optus after a data breach meant the information of millions of current and previous Optus customers was exposed. 

Amaysim customers are not affected by the breach.

The data exposed includes customers:

  • names
  • dates of birth
  • phone numbers
  • email addresses.

Some customers also had their address and ID document numbers, including driver licence or passport numbers, exposed in the data breach.

Maurice Blackburn has made a complaint to the Office of the Australian Information Commissioner.

This class action investigation is different to the 2019 class action that Maurice Blackburn started when Optus mistakenly released customers names, addresses and phone numbers to the white pages. 

For more information, see 2022 Optus Data Breach Class Action Investigation on the Maurice Blackburn Lawyers website.

How do I register for the class action investigation? 

You can register online on the Maurice Blackburn Lawyers website. 

You must provide your:

  • name
  • phone number
  • email address.

You will also be asked if you have or had an Optus account.

To register, see 2022 Optus Data Breach Investigation on the Maurice Blackburn Lawyers website.

What happens when I register for the class action investigation? 

Registering for the class action investigation means that you will receive updates about the investigation. The investigation means Maurice Blackburn may decide to start legal action against Optus and seek compensation for the people whose data was exposed.

Does it cost anything to be part of the class action? 

No, it is free to register. If Maurice Blackburn starts legal action, all costs will be covered by Maurice Blackburn unless and until they are successful in court. If Maurice Blackburn wins the case, they can take payment from the compensation ordered by the Court for Optus to pay the people whose data was exposed. If Maurice Blackburn don’t win, you won’t have to pay any costs.

What should I do if my information was affected by the data breach?

If your data was affected, Maurice Blackburn recommends the following resources:

Call 000 if you are in immediate or imminent physical harm as a result of your data being compromised.

Speak to Services Australia if you have domestic or family violence concerns about your data being misused.

What is the Medibank data breach class action investigation?

Maurice Blackburn has launched a class action investigation against Medibank after a data breach compromised the data of millions of current and previous Medibank customers. 

The information includes: 

  • customers names 
  • dates of birth
  • addresses
  • phone numbers
  • email addresses
  • some Medicare card numbers
  • some passport numbers
  • health claim data
  • some next of kin contact details for My Home Hospital patients
  • some Health provider details.

Maurice Blackburn has lodged a complaint with the Office of the Australian Information Commissioner and is investigating a potential class action against Medibank.

For more information about the class action investigation, see Medibank Data Breach Class Action Investigation on the Maurice Blackburn Lawyers website.

Can I register for the class action investigation?

You can register to receive updates on the investigation if you are:

  • a current or previous customer of Medibank
  • an ahm or international student customer. 

Ahm is a part of Medibank.

It is free to register and you don’t need to pay anything to participate in the investigation.

To register, you will need to provide Maurice Blackburn with your:

  • name
  • phone number
  • email 
  • postal address
  • whether you are a current or previous customer or ahm or international student
  • whether Medibank has told you that your information was exposed in the data breach.

For more information, and to register, see Medibank Data Breach Class Action Investigation on the Maurice Blackburn Lawyers website.

Does it cost anything to be part of the class action investigation? 

No. If legal action is started, all costs will be covered by Maurice Blackburn unless and until they are successful in court. If Maurice Blackburn wins the case, they can take payment from the compensation ordered by the Court for Medicare to pay the people whose data was exposed. If Maurice Blackburn don’t win, you won’t have to pay any costs.

What should I do if my information was affected by the data breach?

If your data was affected, Maurice Blackburn recommends the following resources:

Call 000 if you are in immediate or imminent physical harm as a result of your data being compromised.

Speak to Services Australia if you have domestic or family violence concerns about your data being misused.

What is the First Nations Child Removal Class Action Investigation?

Shine Lawyers is investigating a class action on behalf of First Nations families who have been discriminated against by the Department of Communities and Justice (DCJ).

The proposed class action alleges that DCJ engaged in unlawful racial discrimination:

  • in their investigation of First Nations children
  • in their removal of First Nations children from their families
  • in failing to reunify First Nations Children with their families after removal.

Shine Lawyers has filed a complaint with the Australian Human Rights Commission (AHRC) against DCJ to determine whether DCJ engaged in unlawful racial discrimination. The AHRC will then investigate the complaint and determine the appropriate next steps, which may take a number of months. If the complaint is terminated, the person/s affected by the alleged discrimination may be able to apply to have the allegations decided by the Court, through a class action.   

Shine Lawyers is seeking compensation for First Nations children and their families who have been subjected to hurt, harm, distress, humiliation, and/or a loss of culture and/or connection to Aboriginal family, kin, relatives and/or community, as a result of removal or other discriminatory practices of the Department.

For more information, see First Nations Child Removal Class Action Investigation on the Shine Lawyers website.

Can I register for the class action investigation?

You can register for the class action investigation if:

  • you were removed from your parents or carers by DCJ and placed into State care, with a non-First Nations carer and/or weren’t reunified with your family, or 
  • your child, or a child in your care, was removed by DCJ and placed into State care, with a non-First Nations carer and/or wasn’t restored to your care, or
  • you applied to care for a family member (or were nominated to care for a family member) who was removed by DCJ and your application was not assessed or was refused, and
  • DCJ took action on or after 5 March 1992.

For more information, see Registration form - First Nations Child Removal Class Action Investigation on the Shine Lawyers website.

Do I have to pay to join the class action ?

No. All legal costs will be covered by Shine Lawyers until the class action is finished. 

If the class action is successful, Shine Lawyers will deduct their legal costs from the settlement amount that is approved by the Court.

If the class action is unsuccessful, you won’t have to pay any legal costs.

What is the Prolapse mesh implant class actions?

Shine Lawyers' Class Actions department are currently handling three separate actions for faulty mesh implants:

  • Johnson & Johnson/ Ethicon Mesh Class Action
  • AMS Class Action
  • Boston Scientific Mesh Class Action.

For more information, see Prolapse Mesh Class Actions on the Shine Lawyers website.

What is the Johnson & Johnson / Ethicon class action?

The class action was filed on behalf of thousands of Australian women who have been left with life altering complications after receiving Johnson & Johnson vaginal mesh or tape implants. It was alleged that:

  • the implants were defective and not fit for purpose
  • the information and warnings that accompanied the implants did not adequately disclose the nature and severity of the risks, and
  • the implants caused significant and sometimes severe and life-altering complications including erosion and chronic pain.

On 21 November 2019, Justice Katzmann of the Federal Court of Australia found in favour of the class action, deciding that the implants were not fit for purpose and of unmerchantable quality and the warnings relating to possible complications were misleading or deceptive.

On the 5th of March 2021, this decision has been upheld on appeal.

Although Registrations for a settlement in this class action have closed, you may still be able to join the class action for the purpose of a Court assessment process.

Shine Lawyers has also commenced a second class action against Ethicon and Johnson & Johnson Medical Pty Ltd on behalf of women implanted with a defective mesh product on or after 4 July 2017.

On 6 April 2021, Ethicon and John & Johnson applied for special leave to appeal the decision of the Full Court of the Federal Court to the High Court of Australia. This appeal was not successful.

For more information, see Johnson & Johnson / Ethicon Class Action on the Shine Lawyers website.

What is the American Medical Systems Mesh class action?

This is a class action against American Medical Systems, the manufacturers of the implants and American Medical Systems Medical Pty who supplied mesh or tape implants in Australia.

The AMS implants have been used to relieve stress urinary incontinence and pelvic organ prolapse, but instead have resulted in many severe complications for Australian women.

For more information, see Astora Mesh Class Action (formerly American Medical Systems) on the Shine Lawyers website.

What is the Boston Scientific Mesh class action?

This class action is on behalf of women who have received Boston Scientific vaginal mesh or sling implants. The class action was filed in the Federal Court on the 22nd of March, 2021.

It is alleged that the:

  • implants were defective
  • information and warnings that accompanied the implants did not adequately disclose the nature and severity of the risks, and
  • implants caused significant and sometimes chronic pain.

For more information, see Boston Scientific Mesh Class Action on the Shine Lawyers website.

What is the Commbank class action?

This case will decide whether the Commonwealth Bank and Colonial First State: 

  • caused customers to make payments as a result of a mistaken belief their policy was compulsory or provided value to them
  • engaged in misleading or deceptive conduct in relation to the sale of the policies to customers
  • engaged in unconscionable conduct in relation to the sale and issue of the policies to customers by, among other things, selling or issuing policies with no or little value
  • unlawfully provided personal advice to some customers who purchased the policies in a bank branch or over the telephone.

For more information, see CBA Consumer Credit Insurance Class Action on the Slater and Gordon website.

What is the Ruby Princess Coronavirus class action? 

This class action is on behalf of all passengers affected by the outbreak of COVID-19 on board the Ruby Princess which docked in Sydney on 19 March 2020.

It is alleged that the passengers were not informed that there were 158 cases of people with COVID-19 symptoms logged on the previous voyage, and they were not informed of the potential risks. As a result, 700 passengers were diagnosed with COVID-19.

For more information, see Ruby Princess Coronavirus Class Action on the Shine Lawyers website. 

What is the Superannuation funds class action?

Slater and Gordon have commenced five class actions against:

  • ANZ and OnePath Super
  • Colonial First State
  • AMP
  • BT
  • Westpac Life. 

The class actions will focus on excessive fees and whether the fund acted in the best interest of the members when charging fees. Some of the class actions will look at whether the fund member received uncompetitive interest rates on their cash investments.

For more information, see Get your super back on the Slater and Gordon website.

What is the Insurance fees class action?

Slater and Gordon have commenced three class actions against:

  • ANZ
  • CBA
  • Westpac.

It is alleged that the banks have been selling ‘junk’ insurance to their customers together with credit cards and personal loans. 

For more information, see Get your Insurance back on the Slater and Gordon website. 

What is the Essure class action?

This class action is on behalf of hundreds of women in Australia who have suffered debilitating symptoms and illnesses caused by the Essure contraceptive device.

The Essure device was used by patients between 2000 until mid-2018 and has been linked to a number of medical complications.

For more information, see Essure class action on the Slater and Gordon website.

Last updated: June 2024

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