EXPERTISE

CLASS ACTIONS

It is expected that class actions in both Australia and other jurisdictions will continue to increase in prominence across a broad range of areas including shareholder/investor claims, consumer and product liability claims, antitrust/competition claims and claims arising from natural disasters such as bushfires and floods. The nature and size of such disputes, if not managed effectively, can lead to long and costly litigation giving rise to broader risk and exposure.

The William Roberts team are leaders in the field of class actions, having been involved in the development of class actions law in Australia by acting in some of the biggest class actions for plaintiffs, defendants, insurers, litigation funders, and group member participants.

William Roberts is “one of the most experienced firms of class action lawyers in the country”:

The Hon. Justice Michael B.J. Lee, Federal Court of Australia

Concluded Class Actions

The William Roberts team’s class actions track record includes acting in the following cases:

  • Kerry Michael Quirk v Suncorp Portfolio Services Limited in its capacity as trustee for the Suncorp Master Trust (Financial Services Class Action). William Roberts achieved a settlement of $33 million with the approval of the Supreme Court of NSW.
  • Peter Hermann Eckardt v Sims Limited (Shareholder Class Action). William Roberts achieved a settlement of $29.5 million with the approval of the Federal Court of Australia.
  • Bradgate v Ashley Services Group Limited (Shareholder Class Action). William Roberts achieved a settlement of $14.6 million with the approval of the Federal Court of Australia.
  • Wetdal Pty Ltd as trustee for the BlueCo Two Superannuation Fund & Anor v Estia Health Limited (Shareholder Class Action). This class action successfully settled for $38.4 million with the approval of the Federal Court of Australia.
  • Mizuki Sai v GEA Lawyers Pty Ltd (ACN 169 919 724) & Anor; Xia Zhao v DLZ Lawyers Pty Ltd (ACN 159 300 017) & Anor; and Jianyu Huang v Diligence Lawyers & Migration Agents Proprietary Limited (ACN 602 310 592) & Anor (Professional Negligence Class Action). Confidential settlements were achieved by William Roberts for the applicants and group members in these class actions with the approval of the Federal Court of Australia.
  • In Negligence Class Actions against government owned bodies, William Roberts acted on instruction from insurers who were subrogated the rights of claimants and saw those matters successfully settle, including:
    • 2011 Margaret River Bushfire Class Action,
    • Rolleystone Bushfire Class Action, and
    • Springwood Bushfire Class Action,
  • Colliers International Consultancy & Valuation Pty Limited Class Action (Professional Negligence Class Action). William Roberts achieved a confidential settlement in this class action with the approval of the Federal Court of Australia.
  • Clime Capital Ltd v Credit Corp Group Ltd (Shareholder Class Action). This Federal Court class action, in which William Roberts acted for the applicant and group members, was one of the first Australian shareholder class actions that was successfully settled.
  • AMP Superannuation Class Actions (Financial Services Class Action). William Roberts acted for AMP entities in defence of a class action brought against them concerning fees and charges in managing superannuation funds.
  • Cosmetic Institute Class Action (Professional Negligence Class Action). William Roberts acted for a surgeon in defence of a class action brought against him and obtained successful judgments in the Federal Court of Australia and the Full Court of the Federal Court on the question of indemnity from the surgeon’s insurers.
  • William Roberts successfully defended a director of a company in two separate class actions in the Federal Court of Australia, resulting in confidential settlements. The proceedings related to alleged misleading or deceptive conduct on the part of the Company and its directors in promoting certain investments to Chinese nationals interested in migrating to Australia.
  • William Roberts has acted for or advised various national and international litigation funders and their Association, and acted as solicitors for Court appointed contradictors including in the following cases:
    • 7-Eleven Class Action
    • NT Stolen Generation Class Action
    • Fonterra Class Action
    • BSA Class Action
    • ABC Learning Class Action
    • AWB Class Action
    • Downer EDI Limited Class Action 

A new era in Class Actions: The common fund approach is in

In Money Max Int Pty Ltd (Trustee) –v- QBE Insurance Group Limited [2016] FCAFC 148, the Full Court of the Federal Court determined that a common fund

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An update in the Class Actions space following the decision in BMW Australia Ltd v Brewster

Lenthall v Westpac Banking Corporation (No 2) [2020] FCA 423: An update in the Class Actions space following the decision in BMW Australia Ltd v Brewster [2019] HCA

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Public Interest Costs Orders In Federal Class Actions: Time For A New Approach

BILL PETROVSK I ,* KATRINA LI ,** VINCE MORABITO † AND MATT NICHOL ‡ Australia’s oldest and most important class action regime, which has been

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New Federal Court Practice Note on Class Actions

On 25 October 2016, the Federal Court issued 26 new national practice notes. We set out the most notable features of the Practice Note concerning

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Funded Class Actions ≠ Managed Investment Schemes – A Square Peg In A Round Hole

In a very important decision for those involved in class actions, the Full Court of the Federal Court of Australia has determined that litigation funded

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Class Actions Adrift in Uncertain Waters

Treasury will meet representatives from the class action industry next week to map out a new regulatory structure for litigation funding. Legal Affairs article in

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Allco: no “common fund” – another latch on the class actions flood gate

Earlier this month, the Federal Court of Australia was invited to extend the platform for litigation funded class actions in Australia. This was declined and

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Wingecarribee Shire Council v Lehman Brothers Australia Ltd: banking and finance – misselling of complex financial product

In 2012, the Federal Court of Australia delivered judgment in favour of the applicants in Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) [2012] FCA

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Duty and the Environment Minister

On 27 May 2021, the Federal Court of Australia, in Sharma v Minister for the Environment (Sharma), decided that the Commonwealth Minister for the Environment (the Minister)

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Bill Petrovski

Principal Lawyer, Director

Ding Pan

Principal Lawyer

Oliver Gayner

Principal Lawyer

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William Roberts Lawyers

Sydney

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SYDNEY NSW 2000

Melbourne

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MELBOURNE VIC 3000

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BRISBANE QLD 4000

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