In New South Wales representative proceedings can be brought under the Civil Procedure Act 2005 (NSW) which involve proceedings brought by seven (7) or more persons where their claims arise out of the same, similar or related circumstances and which give rise to a common question of law or fact.
ARE YOU ELIGIBLE
FOR A CLASS ACTION?
Class actions provide a vehicle whereby a large number of people can bring proceedings which involve common facts and questions of law to have their claims prosecuted all at the one time. This affords an opportunity to share the costs of the action between the plaintiffs and avoids the need of having multiple hearings.
Some examples of class actions include:
– Employment class actions;
– Consumer product class actions;
– Medical class actions;
– Human rights class actions;
– Personal injury through food, water or product contamination, and defective products;
There are other examples which we are happy to discuss with you upon further enquiry.
WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?
A class action can level the playing field for those people who ordinarily would be unable to afford a lawyer to act on their behalf. When claims are brought by many who share a common cause of action then as a group they can pose far more formidable challenge to either a large organisation or government institution being the party responsible for their injury, loss or damage.
There are time limits in this area. It is important to obtain experienced legal advice at the first available opportunity. That will enable your legal team to provide you with advice on the prospects of pursuing a class action and appropriately prepare your claim well prior to the limitation date.
WHAT IS REQUIRED TO BRING A CLASS ACTION?
There are a number of requirements which must be satisfied in order to enable a class action to be brought. They are.
– There must be at least seven (7) people who intend to claim against the same defendant;
– The claims must arise out of the same or similar or related facts or circumstances;
There must be a common question of law that is to be determined referable to all claims.
WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers have for over 50 years been representing plaintiffs in Class Action claims. Brydens Laywers has a dedicated team of professionals that specialise in Class Action matters ensuring all persons affected receive the compensation to which they are entitled.
For over 50 years now Brydens Lawyers has been operating a ‘No Win – No Fee’ policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.
WHAT IS YOUR NEXT STEP?
There are different types of class actions across many different fields which means the steps involved may vary depending on the action. Although there are varying fields there are common stages a case will go through. They are:
– The potential claim is investigated by our legal team and advice is provided;
– The claim is brought by a representative plaintiff on behalf of all members of the class action.
– The class action is brought on behalf of all persons who fall within the definition of those identified as plaintiffs. Such persons can be defined by a list of names individually recognised or alternatively by a criteria. For example, the class action may be brought on behalf of all persons who held shares in a particular company during a particular period of time. In those circumstances it is not necessary to individually name all members of the class action.
– Every potential claimant who has been named in the class action or satisfied the criteria for inclusion in the class action will automatically be included in the class action unless that person elects to “opt out”.
For further information regarding the process of a class action please contact our lawyers who are ready to provide further advice.