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Frequently Asked Questions
Read our FAQs below to learn more about how class actions are run, and when you should consider joining one.
Should I consider class action representation?
When many people suffer because of an organisation’s wrongdoing, it’s only fair to hold it accountable. This can also ensure that the organisation changes its operations and attitudes.
Taking private legal action often isn’t an option because it’s a significant financial risk, especially if you’re unsure whether your claim will be successful. Class actions may provide a more cost-effective legal solution and a quicker resolution.
Is there a difference between class actions under South Australian laws and those under federal laws?
Yes, there are some differences. People involved in class action lawsuits under federal laws must “opt-out” of the action if they want to take their own legal action against the organisation. Whether your claim falls under federal or state laws will depend on the type of claim. For example, state laws usually apply to claims for injuries.
When we know your circumstances, we can advise whether federal or state laws apply, and what this means for your claim.
What does it mean to opt-in or opt-out of a class action?
Once a class action commences, federal laws say that any person who may have the same or a similar claim from the same circumstances must be part of the class of people.
This is regardless of whether they have made a legal claim. If they do make a claim (and there’s no requirement for them to do so), they’re included in the class. If they don’t want to be involved in the class action, they must “opt-out,” meaning that they must tell the Court that they don’t want to be included. If you choose not to opt-out of a class action, any Court judgement will apply to you. We can give you advice about whether opting-out is right for you and we can opt-out on your behalf if you wish.
How does a class action commence?
Under federal laws, a class action commences if there are at least seven people making claims arising from the same or similar circumstances, and there is an important legal issue or fact linking the claims.
South Australian class action rules say that there must be a group of people with a common interest. There’s no minimum number of people required to bring the action.
We will discuss the commencement of a class action with you, including tailoring a strategy that best suits your needs, whether to claim in a state or federal court, and how we will locate other potential claimants.
Do I need to find people who’ve had a similar experience?
You don’t need to find other people to join the class action. We can do this for you.
However, it’s useful for us to get as much information as possible from you, as this can help us search for other claimants.
Are there disadvantages in getting involved in a class action?
While class actions can be cost and time effective for claimants, it’s true that there are some disadvantages.
For example, any settlement or court judgement won’t be tailored to your unique needs.
Most likely, you’ll be assessed as falling into a category (based on the extent of your injuries or loss), and payment of the judgement or settlement will be according to the allocated amount in that category. In some cases, it’s possible that the amount that you receive will be less than if you claimed on your own. On the other hand, because your legal fees are significantly less in a class action, you may not be any more out of pocket than if you opted to go it alone.
Other disadvantages include your lawyers having less time to spend considering your individual needs as they are acting on behalf of the group, and you may have less say in the conduct of the case because you are part of a group.
We will discuss the advantages and disadvantages of joining a class action at your no obligation first interview with us.
I can’t travel to Adelaide to see my class action lawyer at DBH Lawyers. Can I still join a class action?
Yes, you can. If you can’t get to one of our office locations in the Adelaide metropolitan area, we can arrange to meet with you via Skype or telephone call.
If there is a group of people in the same regional area, we will often make the trip to visit all of you at once for face-to-face meetings.