Insights

05/08/16

Class action regime to be introduced in Queensland

The Queensland Government has today announced that in August it will introduce legislation to allow class actions to be conducted in the State’s Courts.

Procedural rules in Queensland presently do not provide for the conduct of class actions in the State, forcing prospective claimants to commence proceedings in Courts in other jurisdictions, such as the New South Wales and Victorian Supreme Courts and the Federal Court of Australia.

This announcement follows a number of high-profile, Queensland related class actions being commenced in other jurisdictions.  These include class actions relating to the operation of the Wivenhoe and Somerset dams during the 2011 Queensland floods (commenced in the NSW Supreme Court), the Clem7 tunnel (commenced in the Federal Court) and the Bank of Queensland (commenced in the Federal Court).

The design and take-up of the Queensland regime is sure to be closely followed by participants in Australia’s class action industry, including law firms, litigation funders and potential defendants.

Gilbert + Tobin’s experience in Queensland litigation

Gilbert + Tobin has extensive experience litigating complex, high value matters in and relating to Queensland, including representing:

  • Anglo American in multi-billion dollar proceedings relating to the Callide mine presently before the Supreme Court of Queensland.
  • AGL in successfully prosecuting (and then defending on appeal) multi-million dollar proceedings in the Supreme Court of Queensland concerning a supplier’s refusal to supply gas on the basis of an alleged Force Majeure Event.
  • the RiverCity companies in securing a AUD280 million settlement in proceedings against AECOM Australia in the Federal Court of Australia in relation to Brisbane’s Clem 7 Tunnel.
  • RiverCity Services in defending a securities class action in the Federal Court of Australia for over AUD250 million.
  • the BrisConnections companies in proceedings against Arup in the Federal Court of Australia, alleging misleading and deceptive conduct and negligent misstatement, and seeking over AUD1.5 billion in damages in relation to Brisbane’s AirportLink toll road.
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