New Class Actions Practice Note – Supreme Court of Victoria

On 1 July 2020 the Supreme Court of Victoria issued a revised Practice Note (SC Gen 10) for proceedings (Group Proceeding)

Under Part 4A of the Supreme Court Act 1986 (Vic) (SCA). Key points to note about the revised Practice Note, in comparison to its predecessor, are:

  • Upon commencement of a Group Proceeding, the plaintiff’s solicitor must file, with the writ, a ‘class action summary statement’ setting out various information (Part 5 of the Practice Note), and (where applicable) a ‘funding information summary statement’ (Part 6).
  • The Court may order, at an early stage of the proceeding and pursuant to s 65A of the Civil Procedure Act 2010 (Vic), a party or parties to provide to the Court a memorandum of estimated future legal costs and disbursements for the proceeding (para [7.7]).
  • At paras [7.8]-[7.10] the Practice Note sets out how the Court will deal with and manage competing class actions.
  • Similar to other jurisdictions, the Practice Note requires early disclosure of litigation funding agreements and charges, subject to appropriate redactions (Parts 11 and 12).
  • In Part 13, the Practice Note deals with applications for a ‘group costs order’ under the brand new s 33ZDA of the SCA.
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Andrew Watson

National Head of Class Actions, Class actions, Melbourne

"I'm an experienced litigator in class actions, particularly for shareholders who have been victims of corporate misconduct."

Ben Slade

State Managing Principal, Office Leader, Class actions, Sydney

"I am driven to give a voice to those who would otherwise have to suffer because those who have done them wrong are all too powerful."

Kimi Nishimura

Principal Lawyer, Class actions, Melbourne

"I'm committed to fighting for the rights of victims of corporate misconduct as well as pursuing compensation on behalf of my clients."

Rebecca Gilsenan

Executive Director, Principal Lawyer, Class actions, Sydney

"I have extensive experience in running complex and novel litigation, including class actions in the areas of price fixing, failed investment schemes, product liability and securities."

Miranda Nagy

Principal Lawyer, Class actions, Sydney

"I have a strong conviction that the community should be able to expect our governments and the companies we deal with to comply with the law."

Julian Schimmel

Principal Lawyer, Class actions, Sydney

"Class actions are a unique legal mechanism that have helped hundreds of thousands of people receive compensation after mistreatment at the hands of powerful companies, and it’s gratifying to help people get access to justice when otherwise it would’ve been difficult for them."

Vavaa Mawuli

Principal, Class actions, Brisbane

"The most rewarding thing about my work is the change in scale of what we are able to accomplish."

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