What to expect in 2025
Progress of major class actions and matters in 2024/2025, addressing shareholder disputes, consumer protection, insurance litigation, and government responsibilities.
1
High Court’s decision in the Lendlease appeal regarding soft class closure – appeal heard November 2024.
2
AAI car dealer add on insurance initial trial listed for February 2025.
3
Worley shareholder class action appeal to the Full Federal Court listed for March 2025.
4
S&P ratings class action listed for initial trial in June 2025.
5
The Pabai Pabai class action, on the duty of care to prevent climate change - closing submissions concluded May 2024.
6
Full Court decision in CBA Shareholder class action – trial concluded November 2024.
7
The High Court decision in Bogan (considering whether a GCO in the Supreme Court of Victoria will follow if proceedings are transferred interstate)
8
Apple and Google App Store competition and consumer class actions – initial trial concluded July 2024.
9
Coles and Woolworths underpayments class action – initial trial concluded July 2023.
10
Brambles shareholder class action decision – initial trial concluded September 2022.
Here's what our team are looking out for in 2025:
Amanda Beattie
Head of Class Actions
"I will be watching with interest in the shareholder class action space, including for the Full Court decisions in key appeals and also the long awaited Brambles decision. I think we will see more shareholder class actions filed in the coming year this year, but not at the same levels as previous years in light of the uncertainty and outstanding decisions. I am particularly interested to see how plaintiff firms respond to the unfavourable decisions (assuming they are upheld) in relation to the quantification of loss and whether they look for other avenues for recovery which we have started to see a little more of.
Other than that, I wonder if this year will be when we start to see claims in relation to ESG issues. It’s an area that we have expected to see plaintiff firms focus on but there hasn’t been much movement in that space to date. ASIC’s successful enforcement action in a number of greenwashing bases last year could see that change in the coming year or so."
Gavin Davies
Special Counsel
"I look forward to watching the progress of the various class actions and regulatory proceedings against Medibank and Optus in the wake of the 2022 data breaches. In particular, it will be very interesting to see how the Court rules on the privilege claim in the Medibank class action, which has the potential to shape how corporates respond to cyber-attacks moving forward.
2025 will also see the implementation of long-awaited privacy reforms, which were passed by Parliament in December last year. While the Bill did not include all of the reforms that the Government had agreed to implement (including a direct right of action under the Privacy Act), the new tort of ‘serious invasion of privacy’ got the green light. It will be interesting to see what, if anything, comes from this new cause of action in the class actions space."
Samantha Saad
Special Counsel
"I am interested to see whether there is an uptick in environmental claims, noting that we have seen a new PFAS claim brought in the last month (and several new claims in the US), along with talk of further actions in this space. Whether the Round-up and Essure decisions creates issues for plaintiffs in these kinds of actions will also be an area to watch."
Jonathon Ferraro
Senior Associate
"Following the Flex Commissions decision in July of 2023 and the Wisbey decision in February 2024 to grant pre-mediation class closure orders that were opposed by the plaintiffs/applicants, I am looking forward to greater debate about why the Court should, or should not, exercise its powers (to the extent it has them) to grant pre-mediation soft class closure.
The appeal to the High Court in the Lendlease class action concerns the inconsistency in the power to approve notices about class closure taken by the New South Wales Court of Appeal and the Full Court of the Federal Court. Judgment by the High Court may impact the scope of debate in NSW and the Federal Court. Such an issue does not exist in Victorian because section 33ZG of the Supreme Court Act 1986 expressly provides the Court with the power to make a class closure order. I pause to note that the power to make a class closure order in Victoria is separate from the power the Court uses to determine whether it should exercise its power to order class closure."
Wotton Kearney acknowledges the traditional custodians of the lands on which we work, and pay our respects to Elders past and present.
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