Furthering the reach of class actions: Gray v Cash Converters

Key Points:

Gray points to a more expansive reading of the class action requirements, but the issue will probably need to be determined once and for all by the Full Federal Court.

In class actions with multiple respondents there has been a long-running controversy (at least in the Federal Court and Victoria) about whether each group member must have a claim against each respondent. Conflicting Full Court authority has shrouded the issue in uncertainty for many years.

The most recent decision on the point – Gray v Cash Converters [2014] FCA 420 – prefers an expansive reading of the class action regime, which will further the reach of class action litigation and make them easier to pursue.