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Since 1992, class actions have been well established in Australia, where they are referred to as “representative proceedings.” No restrictions limit the type of causes of action that can be brought as class claims. Class members are referred to as “group members.”

Representative actions must satisfy three threshold requirements: (1) seven or more persons must make a claim against the same defendant; (2) the claims must arise from ”related” circumstances; and (3) there must be a “substantial” common issue of law or fact.

References:

• Vince Morabito, “Group Litigation in Australia — ‘Desperately Seeking‘ Effective Class Action Regimes,” a national report for the conference “The Globalization of Class Actions,” held in Oxford, England, on December 12–14, 2007 (co-sponsored by Stanford Law School and the Centre for Socio-Legal Studies of Oxford University). Available at http://www.law.stanford.edu/classactionconf.
• Robert R. Wyld and Jonathan A. Redwood, “Class Actions in Australia: Key Requirements and Emerging Trends,” International Litigation News, September 2007, 12. (This newsletter is published by the International Bar Association, Legal Practice Division, http://www.ibanet.org.)

(This information was updated May 2008.)

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