A Class Action is an action brought on behalf of a group of people who have each suffered an injury or illness as a consequence of the negligence or fault of a common party.
Instead of each individual bringing a claim against the offending party, all the claims of the various individuals can be brought in a single claim. This assists in reducing the time it takes to get a court ordered compensation award or an out of court settlement.
ROCHE Legal provides legal services for class actions on a No Win No Fee basis and can help you find out if you have a claim for compensation.
Frequently Asked Questions
How do I start a class action?
The easiest way is to contact us at ROCHE Legal and we will discuss the circumstances surrounding your injury or illness and advise you accordingly.
If your claim is one where other people have also been injured as a consequence of the negligence or fault of the offending party, we will invite them to join you in one class action which will strengthen your claim.
What is needed to begin a class action?
There are three (3) pre-requisites:
- We need a minimum of seven (7) people.
- The injuries or illnesses complained of by these people must have arisen from the same or similar set of circumstances.
- There must be more than one common legal or factual issue.
Once we have the minimum number of claimants and are satisfied that the claim is likely to succeed, we will file the necessary court documents in either the Federal Court or State Supreme Court.
How is an award of compensation divided among more than one claimant?
Usually the court can work out how the compensation award is to be fairly divided between all the claimants, taking into account all the circumstances.
Do Class Actions operate on an opt-in or an opt-out model?
The Australian system operates on an opt-out basis.
What does this mean?
Anyone that may have a claim automatically becomes a member of the action whether or not this was their intention.
There is always the right to opt-out of the claim.
If someone decides to opt out they are not bound by any court judgment. However, if they don’t opt-out all such members are bound by the court judgment or any settlement.
Who pays me the compensation?
Usually, compensation is paid by the insurance company of the person or organisation at fault.
How much compensation can I claim?
This depends on the:
- extent of injury or illness sustained by you; and
- the organisation or individual at fault.
How long does a claim for compensation take?
How long your claim will take depends on:
- How quickly the claim is commenced and conducted.
- How willing the insurance company is prepared to offer a fair and reasonable settlement sum.
- How soon the insurance company is prepared to do so.