Gilbert + Tobin is regularly retained in the most significant class actions in the Australian market; with expertise spanning a broad range of industries and areas, including banking and financial services, consumer protection, product liability, shareholder and securities, and cyber, data and privacy.
We develop innovative solutions specifically tailored to achieve our clients’ objectives by drawing on the unique insights gained from having acted for a broad range of participants throughout the class action industry. We understand the commercial imperatives of participants across the industry, how they make decisions and more importantly, why.
Benefiting from this approach, we have obtained market-changing judgments and favourable settlements for our clients.
We will fearlessly seek to pursue your objectives and protect your interests when the stakes are highest.
Our recent class action experience includes:
- securing one of the largest damages awards (and only the second aggregate damages award) in Australian history on behalf of consumers who acquired approximately 264,000 defective Toyota Hilux, Prado and Fortuner diesel vehicles in a landmark class action against Toyota Motor Corporation Australia;
- defending Westpac in class action proceedings arising from proceedings commenced by AUSTRAC (Australia’s financial intelligence government agency) against Westpac in the Federal Court;
- defending Macquarie Bank in two separate class actions regarding auto finance commissions;
- defending Downer EDI in four class actions commenced following an announced accounting irregularity, earnings downgrades and two 20%+ drops in share price;
- acting for LCM Funding in securing a landmark Full Federal Court judgment that overturned the Full Federal Court’s decision in Brookfield Multiplex (2009), with the effect that funded class actions are not managed investment schemes;
- being appointed by the Federal Court as a contradictor in connection with an application for approval of the settlement of a class action against the Bank of Queensland;
- defending Nuix in consolidated class action proceedings commenced in the Supreme Court of Victoria concerning disclosure issues (initially three class action proceedings);
- acting for QBE Insurance (Australia) in a class action regarding consumer credit insurance products;
- advising Westpac in relation to a US Class Action concerning the Bank Bill Swap Rate allegations;
- acting for group members in a Federal Court class action against Jaguar Land Rover Australia;
- acting for three former executive directors of Blue Sky Alternative Investments in two competing class action proceedings relating to alleged accounting inaccuracies;
- acting for BT Financial Management and Westpac Life Insurance Services in a class action concerning their superannuation cash product;
- advising a government agency in relation to a data breach class action;
- advising one of the named defendants in the Monsanto class action alleging exposure to the weed-killer Round Up caused cancer;
- acting for Vocation Limited (in liquidation) in successfully settling two securities class actions in the Federal Court, after successfully having a third class action dismissed;
- advising Slater + Gordon on its successful restructure including settlement of class action litigation.
- advising an investment bank in relation to a shareholder class action commenced against one of its former clients;
- acting for RiverCity Services in defending and settling a securities class action in the Federal Court;
- advising Crescent Capital Partners in relation to a personal injury class action regarding an outbreak of COVID-19 on a cruise liner.
Awards + Recognition
Highly ranked for Dispute Resolution: Class Actions, Dispute Resolution: Litigation, White-Collar Crime, and Fintech and Financial Services Regulatory
Highly ranked for Dispute Resolution and Financial Services Regulation
2022 Litigation Law Firm of the Year – Australia
Top Litigation Law Firm 2020
Dispute Resolution Team of the Year
National Law Firm of the Year (Australia)
"Well-resourced practice, acting for an extensive domestic and international clientele… Active on class actions, regulatory investigations and other official inquiries. Noted for strategic insight and rapid, proactive issue assessment. Further applauded for attention to detail, client focus and labour-saving use of technology."
‘The team’s knowledge of the industry and regulatory landscape is second to none. It means that advice is tailored to take into account multiple different lenses, all of which are critical in decision making of senior executives.‘
"The team is populated by very strong lawyers at every level, from the junior lawyers through to the partners. There's consistent quality across the team."
"Gilbert + Tobin has a strong and proactive team and can draw on relevant expertise from the different divisions and offices. The firm has strong commercial awareness and expertise in the local market."
“Responsive and intelligent. Excellent knowledge of the industry and great commercial acumen.”
"Gilbert + Tobin has taken the time to understand the priorities of our business and has shown strong strategic awareness when providing advice."
"The team’s knowledge of the industry and regulatory landscape is second to none. It means that advice is tailored to take into account multiple different lenses, all of which are critical in decision making of senior executives."
"Strategic, responsive, delivers excellent client service."
Clients stress both the team's "depth of support" and the intelligence with which its resources are applied, one source saying: "They ran things with a very lean team - which is something that I appreciated - but when they needed the depth, they had it."
“The team is practical, focused, and fights hard”
"The litigation team was phenomenal, crafting a unique argument which surprised a lot of people and put the opposing side on the back foot"
The excellence of the group as a whole, associates and senior lawyers explicitly included, is emphasised by a number of commentators. One interviewee speaks of "a very talented team of lawyers – technically great, easy to work with, able to handle a massive undertaking and with a commitment to getting the best outcome for the client that permeates the culture."
For more information on the Toyota Class Action, please click below or call 1800 324 984.