$1.5bn more await approval, with five settlements each exceeding $100m
King & Wood Mallesons (KWM) has released “The Review: Class Actions Year in Australia 2024/2025,” a report revealing record-breaking settlements, landmark High Court rulings, and rising activity across privacy, consumer, and employment proceedings within the country’s class action landscape.
“The record $1.9 billion in settlements and multiple nine-figure resolutions confirm that class actions are now a defining feature of corporate risk in Australia,” said Peta Stevenson, partner, in KWM’s media release.
KWM’s report examined the current trends dominating the sphere of class actions, which the international law firm dubbed in the media release as one of the most dynamic and commercially significant areas in Australian litigation.
“For the first time class actions have been filed in every Australian jurisdiction, a milestone that underscores how deeply this mechanism is now embedded across the legal landscape,” said Moira Saville, partner, in the media release.
The report found that the country’s class action regime has continued to mature, with diverse causes of action and subject matter showing companies’ increasing exposure to these kinds of proceedings.
“The scale of exposure continues to rise alongside the sophistication of claims,” Stevenson said.
First, the report highlighted that the approval of more than $1.9bn in class action settlements was the highest recorded and exceeded the total for the previous two years. The report found that $1.5bn more in settlements awaited court approval, including five settlements each exceeding $100m.
Second, the report focused on five landmark High Court judgments showing the court’s readiness to address representative proceedings revolving around:
Third, the report found 79 new class action filings – the highest recorded – across consumer, shareholder, and employment proceedings.
Fourth, the report noted an emerging interest in privacy and data breaches.
“Data and systems are driving the evolution of the class actions environment,” said Eleanor Atkins, partner, in the media release. “It’s affecting the types of claims that are being filed, such as the cyber incident and workplace compliance claims we observed.”
Atkins added that data has been influencing the interpretation and application of existing laws, including in connection with shareholder and consumer class actions.
Fifth, the report referred to a significant decision of the Full Federal Court, which clarified companies’ disclosure obligations in connection with data awareness.
Alexander Morris, a Sydney-based partner in the firm’s national class actions group, also contributed to the report. Those interested can learn more here.
