Class actions
25 years of class actions in Victoria
Victorian class action regime commences under Part 4A of the Supreme Court Act 1986
1 January
2000
24 January 2000
Schutt Flying Academy commences a proceeding against Mobil Oil
22 October 2002
The Mobil Oil class action settlement is approved
in relation to allegations of contaminated aircraft fuel. This case formed the basis for one of the first proceedings under the new Victorian class actions regime
$32.5m
Longford
Following a trial and the filing of appeals by both sides, the Longford class action $32.5m settlement is approved
2004
8 November
2002
26 June
The High Court hands down its decision in Mobil Oil Australia Pty Ltd v Victoria (2002) 211 CLR 1 upholding the validity of Part 4A of the Supreme Court Act 1986
A timeline
2014
7 February
2008
29 May
The Victorian Law Reform Commission’s Civil Justice Review report is published, which included consideration of the Victorian class action regime
commenced over the first 10 years of the Victorian class actions regime
2010
35 class actions
Thalidomide class action against the manufacturer, Grunenthal and the distributor, The Distillers Company $89m settlement is approved
$23m
Great Southern
11 December
Following a trial in 2012-2013, the Great Southern class action $23m settlement is approved
23 December
Black Saturday Kilmore East Kinglake Bushfire $494m settlement is approved, the largest class action settlement in Victorian and Australian history.
Black Saturday Kilmore East Kinglake Bushfire settlement approved
2015
27 May
2021
19 June
The Victorian Law Reform Commission’s Access to Justice: Litigation Funding and Group Proceedings report tabled in Parliament
commenced over the next 10 years of the Victorian class actions regime (2010-2020), marking 97 actions in total
2020
62 class actions
Black Saturday Murrindindi – Marysville Bushfire $300m settlement is approved
19
class actions
or “contingency fee” regime in s 33ZDA of the Supreme Court Act 1986
Introduction of new group costs orders
1 July
Black Saturday Kilmore East Kinglake Bushfire $494m settlement approved, marking the largest class action settlement in Victorian and Australian history.
are commenced over the first 6 months following introduction of the new GCO regime
2018
14 August
Amendments to the continuous disclosure provisions in the Corporations Act come into effect.
11 October
Dixon J hands down judgment in the remitter of the Banksia Securities Ltd class action
2024
28 August
10 December 2024
Keogh J handed down judgment in Turner v Bayer Australia Ltd [2024] VSC 760, finding in favour of the manufacturer that no causation could be established
First group costs order made by Justice Nichols for 27.5%. Subsequently there have been 22 GCOs made by Judges of the Supreme Court of Victoria.
2022
First group costs order
The G8 class action $46.5m settlement is approved, the first settlement approval involving approval of a payment to the plaintiff’s solicitors under a GCO.
$46.5m
G8 class action
27.5%
The Court of Appeal of the Victorian Supreme Court declined to transfer the Arrium class action to NSW, and held that the fact that a GCO had been made was relevant to the discretion to be exercised under the Corporations Act cross-vesting provisions to transfer a proceeding and that the GCO would not “travel” to NSW.
2023
26 October
The Court of Appeal of the Victorian Supreme Court declines to transfer the Arrium class action to NSW
88 class actions
commenced over the next five years of the Victorian class actions regime (2020-2025) (including 82 class actions since the introduction of the GCO regime)
2025
185 class actions
in total over the first 25 years of the Victorian class action regime
12 March 2025
The High Court of Australia hands down its decision in Bogan v Smedley [2025] HCA 7 agreeing with the Court of Appeal that the GCO was relevant to the decision to transfer the proceeding to another court and that the GCO would not “travel” to NSW
