High Court upholds beauty parade approach to competing class actions

By a 3:2 majority, the High Court of Australia has dismissed the appeal in Wigmans v AMP Limited [2021] HCA 7 (Wigmans).

The appellant had contended that, when confronted with competing open class actions, the Court should not select one proceeding over the other(s) by conducting a selection hearing or 'beauty parade'. Rather, the first-filed case should be able to proceed, and the second (and any subsequent) claim should be stayed, unless they had a legitimate juridical advantage over the first.

The dismissal of the appeal represents an endorsement of the status quo, meaning 'beauty parades' will continue to be held. However, the majority made some observations which could affect how courts decide between competing proceedings in future.