Australian Class Action Law

In Australia, class actions (or representative proceedings as they are formally known) can be commenced by a representative applicant in circumstances where seven or more people have claims which arise out of the same or related circumstances that give rise to a substantial issue of fact or law.

The person who commences a class action is required to describe the class of persons who are being represented. Once the class is described, every person in that class is assumed to be part of the class unless they decide to 'opt-out' of the action by filing a notice with the court in a specified form. The representative applicant does not need the consent of the class members and does not even need to know who they are or where they live. (This in comparison to the US procedure which is 'opt-in'.)