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Class action, also known as representative proceedings, is a type of lawsuit where a person or a group of people represent a large group of people who have been affected by the same issue. In Sydney, Australia, class action is not uncommon, and it usually arises in cases relating to product liability, misleading or deceptive conduct, breaches of contract, and securities or shareholder litigation. The class action legal mechanism provides access to justice for those who may not have the financial means to bring a suit individually. The Federal Court of Australia and the Supreme Court of New South Wales are competent to handle class action lawsuits.
Though individuals could technically represent themselves in a class action, the complexities and specialized nature of the law make it highly advisable to seek legal representation. Lawyers with expertise in class actions understand the procedural complexities involved, the necessity for detailed, collective evidence, determining the class, and effectively communicating with class members. They can also help in negotiations, and if needed, representing the group in court battles. Furthermore, they can advise you on the potential risks and benefits of joining a class action.
The key legislation for class actions in Australia is Part IVA of the Federal Court of Australia Act 1976 (Cth), and part 10 of the Civil Procedure Act 2005 (NSW) for New South Wales. These laws set the minimum number of persons required for a class action (seven), detail that the claimants must have claims against the same person, and that these claims must relate to at least one common issue of law or fact. It's important to remember that the limitation periods apply to class actions the same way they apply to other civil actions in Australia.
1. What is the minimum number of claimants needed for a class action? In Sydney, Australia, there must be seven or more persons having claims against the same person.
2. How long does a class action case usually take? Depending on the complexity of the issues and the progression of the case it could take a few years for resolution.
3. Do I have to pay to join a class action? Typically, you do not have to pay to join a class action. If the case is won, legal fees will usually be taken from the amount awarded.
4. Can I opt-out of a class action? Yes, you normally have the right to opt-out of a class action and pursue your claims individually.
5. Can I start a class action lawsuit? Yes, if you and at least six other individuals have suffered from the same wrongful act, you may be able to initiate a class action lawsuit. It is, however, recommended that you seek advice from a lawyer specialized in class actions.
The Federal Court of Australia and the Supreme Court of New South Wales' websites provide valuable information about class action proceedings. ASIC's (Australian Securities and Investments Commission) website also contains guidelines on class actions relating to securities and shareholder litigation.
If you think you have a potential class action claim, the first step is to reach out to a lawyer who specializes in class actions. They can help you understand your rights, evaluate the strength of your case, and guide you through the process. If you do not know any lawyers, you can contact the Law Society of New South Wales, they have a solicitor directory who you can reach out to. Remember, it's important to act promptly as there are time limits to when a class action can be started.
