Representative proceedings under Part 10 of the
Civil Procedure Act 2005 (NSW), commonly described as class actions, generally refer to proceedings brought by seven or more persons where the claims arise out of the same, similar or related circumstances and which give rise to a substantial common question of law or fact.
This section of the Supreme Court's website contains links to court documents filed in cases where a class action has been commenced. Please select the particular current case from the left hand menu.
Class action proceedings will be assigned on their commencement to one of the judges on the panel of judges. At present, the panel of judges is as follows:
The Hon Justice Hoeben, Chief Judge at Common Law
The Hon Justice Ward, Chief Judge in Equity
The Hon Justice Garling
The Hon Justice Hammerschlag
The Hon Justice Beech-Jones
The Hon Justice Ball
The Hon Justice Sackar
Practice Note SC Gen 17 - Representative Proceedings provides guidance as to how class actions are managed. The Practice Note was most recently updated on 31 July 2017.
Practice Note SC Gen 17 is designed to facilitate the management of representative proceedings and, in particular, to assist in their prompt and efficient resolution. Practitioners should note that the provisions of SC Gen 9, SC Gen 10, SC Gen 11, SC CL 5, SC CL 7, SC Eq 5 and SC Eq 11 will not apply, save to the extent the judge managing particular proceedings orders to the contrary. This is to provide maximum flexibility in bringing the proceedings to trial and their prompt disposal at hearing.
On 1 November 2018, the Chief Justice of the Supreme Court of New South Wales and the Chief Justice of the Federal Court of Australia agreed a protocol for communication and cooperation between the two courts in class action proceedings.
The protocol was drafted to address measures by which management of class action proceedings involving common parties and the same or similar issues commenced at or about the same time can be co-operatively managed by the two courts.
The overarching objective of the protocol is to ensure access to justice and facilitate the efficiency and effectiveness of class action proceedings in circumstances where multiple proceedings are brought in competing courts and across more than one jurisdiction.
>>Protocol for communication and cooperation between the Supreme Court of New South Wales and the Federal Court of Australia in class action proceedings (November 2018)