The GetSwift decision and its implications for competing class actions

In brief: Multiple class actions against the same company have become an increasing feature of the class action space, particularly in securities class actions.

The decision of Justice Lee of the Federal Court on 23 May 2018 in Perera v GetSwift Limited [2018] FCA 732 is the latest decision to address the issue and comes a week before the much anticipated release of the Australian Law Reform Commission's Discussion Paper in its Litigation Funding Inquiry.

Whilst his Honour stressed the fact-specific nature of his decision, the case provides useful guidance on the principles applicable to determining which class action should proceed, and whether to permanently stay, de-class or otherwise manage the other competing class actions.