Class Action Litigation

Class Action Litigation

Impacted Groups Acting Together

Class actions allow a large group or class of persons to start claim. These are complex matters where there may be significant publicity.

Goldman Lawyers have expertise in medical and related class actions however we are always considering other areas of interest where there is social justice or a large scale injustice.

The Australian “Opt-Out” Model.

  • All potential claimants who fall within the definition of the class become members of the class on the filing of the claim whether they are aware of it or not.

  • They will all be bound by the judgment of the Court or any approved settlement unless they opt-out of the proceedings
    If a class member chooses to opt-out, they will no longer be bound by the outcome of the proceedings and will be able to pursue separate proceedings.

  • If a class member chooses to opt-out, they will no longer be bound by the outcome of the proceedings and will be able to pursue separate proceedings.

“Open” and “Closed” Classes?

  • The “class” can be defined so that only people who have retained a particular law firm and/or entered into an arrangement with a particular litigation funder are members.

  • Closed classes can also encourage settlement as respondents are able to better assess their potential overall exposure

Litigation Funding

Third party litigation funders number approximately 25 active funders in the Australian market. The
funders enter into an agreement, primarily with the class representative, to pay the legal costs of the class representative and to pay the respondent’s costs if the class action is unsuccessful.

On successful claims the funder may receive its payments plus between 20% and 40% of the award.

Typical Class Action Sizes?

  • 7 class members to commence but can have tens of thousands of class members

  • $494 million (including costs) settlement in proceedings arising from the “Black Saturday” bushfires in Victoria in 2009.

  • Some examples of recent large class actions are:

  • Bank fees: 2010, claims against all of Australia’s leading banks.

  • Cash Converters: Over 30,000 class members

  • Insurance: Insurance Westpac Life more than 80,000 people

  • Airbags: Defective airbags approximately 200,000.

Federal Court – Current Class Actions

There are currently 135 current Representative Proceedings in the Court nationally.

Meet Our Litigation Senior Lawyers

Jaswinder (Jas) Sekhon

Jaswinder (Jas) Sekhon

Managing Director

Jaswinder strives to simplify and demystify complex legal
matters, to explain them logically and without “jargon”.
He resolves and commits to the best possible commercial
outcomes for his clients.

We do not do class actions for personal injury as a general rule.

We will also try and seek the services of appropriate litigation funders and currently we are looking class actions against the medical regulator, AHP RA, and other medicolegal areas for the protection of doctors and other health professionals.

We also have a considerable interest in the abuse that patients were hippie suffered through cosmetic medicine and surgery.

Please contact us if you feel that you may be part of a group of people that has been wronged in this area.

Medical Class Actions

We are currently preparing a number of class actions representing doctors, medical and other health professionals.

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