A long-term involvement in social justice issues has led to Duncan Basheer Hannon taking up the cause of thousands of South Australians in various class actions, many of them high-profile.

Some of the civil cases we tackle are extremely complex and can take months, if not years, to settle. But by representing groups of victims we are able to remove much of the financial risk normally associated with lengthy legal proceedings.

Among recent cases we have:

• helped secure compensation from the Anglican Church for more than 70 child sex abuse victims;

• represented about 3,500 former Harris Scarfe shareholders who lost money when the retailer became insolvent;

• sued the company responsible for allowing the Patawalonga to flood about 30 Glenelg homes;  and

• taken action against the developers of The Residence Apartments (now Pacific International Suites) for financial losses suffered by 60 investors.

What are class actions?
A class action is designed to streamline the court process for people who share a common grievance and want to initiate legal proceedings for compensation. Also known as representative action, such lawsuits avoid the necessity for people to file individual claims.

The proceedings involve a lead applicant (plaintiff) whose case is heard by the court, with the outcome binding on all other parties (group members) connected to the action.

The main benefit for the other group members is that they can seek compensation without risk. Apart from some minor expenses, they pay no legal costs unless the action is successful.

Federal and State Differences
The process for establishing a class action is slightly different between the Federal and South Australian courts.

At the State level, proceedings are initiated on behalf of an individual and then an application is made for this to become a class action.

In the Federal Court, plaintiffs are able to launch proceedings as a class action, although the defendants have a right to resist such a move.

In each case, the court must decide how the case proceeds.

Informing Group Members
An attempt must be made by the legal team to inform all potential group members that a class action is being undertaken.

In cases where the group members are known this can be done by mail, otherwise the action must be publicised in the relevant media.

It is important that potential group members contact the legal team if they have an interest in the case because the judgment of the court is binding on everyone, even if they are unaware of the lawsuit.

People who do not want to be part of a class action (for example, if they are initiating separate proceedings) must file an “opt-out” notice with the court.

Compensation Payments
It is quite common in class actions for a settlement to be reached between the group members and defendants before the case goes to trial.

If this happens, the group members must be informed and they may then choose to opt out and pursue their own claim.

The court also sets a cut-off date for compensation payments, after which people will miss out if they have not joined the class action or made alternative legal arrangements.

The size of the payout can vary between individual members of the group, depending on their particular circumstances.

For further information please contact Libby Bayley, Duncan Basheer Hannon, at lbayley@dbh.com.au or telephone (08) 8231 3668.

Current Class Actions
To view a list of our current class actions click here