Federal Court Of Appeal Dismisses Class Action Certification Due To Unavoidable Individualized Inquiries

In Voltage Pictures v Robert Salna, 2025 FCA 131, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants' class proceeding. The plaintiffs sought to certify an action against a class of defendants and, despite objection, impose the burden on Mr. Salna to represent the interests of the defendant group (the representative defendant). These "reverse class actions" are uncommon and, despite that unique context, the decision carries implications for class actions generally.

The plaintiffs were motion picture production companies forming part of the Voltage Pictures film studio. They sought to certify a reverse class proceeding alleging copyright infringement through online downloads involving BitTorrent. The approximately 874 members of the proposed defendant class were individuals whose internet accounts had been detected by the plaintiffs' forensic software as offering to upload the plaintiffs' films during a prior