NSW Junior Doctors class action

 

 

In December 2020, Maurice Blackburn and Hayden Stephens & Associates filed a class action against the NSW Ministry of Health on behalf of lead plaintiff, Dr Amireh Fakhouri, and junior medical officers to recover unpaid wages.  The class action alleges that the NSW Ministry of Health or, alternatively, the State of NSW failed to pay junior medical officers (i.e. interns, resident medical officers, registrars and senior registrars):

  • their entitlements pursuant to the statutory award; and
  • for un-rostered overtime.

In April 2021, Dr Fakhouri filed an amended statement of claim which extended the class of current and former junior medical officers.  All people who were employed by the NSW Ministry of Health as junior medical officers at anytime between 16 December 2014 and 22 April 2021, and were not paid their entitlements for overtime, are now group members in the class action.  

If you are a group member in the class action, and you would like to be kept updated about its progress, we encourage you to register.  Please be assured that, if you choose to register, we will not disclose your identity to any third party, including the NSW Ministry of Health, without your permission.

Copies of key documents in the class action, including the amended statement of claim and defence, are available on the NSW Supreme Court’s website here.

 

Register now
Case updates

The class action was filed in the NSW Supreme Court on 16 December 2020.

Key dates

Registration is now open.

Am I eligible to register for the NSW Junior Doctors class action?

You can register for the class action if you worked for the NSW Ministry of Health as a junior medical officer at anytime between 16 December 2014 and 22 April 2021 and were not paid your entitlements for overtime.

If you are unsure whether you are eligible, or are having difficulty completing the registration form, please contact us at NSWJuniorDoctors@mauriceblackburn.com.au or on 1800 318 062.

Frequently Asked Questions

Maurice Blackburn is Australia’s leading class action law firm. We have achieved the nation’s largest class action recoveries, with eight of our largest class actions recovering in excess of $100 million each. Collectively our class actions have recovered over $3.6 billion in compensation for victims of wrongdoing.

Hayden Stephens is a lawyer with more than 20 years’ experience. He specialises in class actions.

You will not have to pay any upfront costs if you sign up to the class action. All costs in the proceeding will be borne by the lawyers unless and until there is a successful outcome. In the event of a successful outcome, any costs payable to Maurice Blackburn and Hayden Stephens & Associates will be deducted from, and will not exceed, any compensation that you are entitled to receive. All such costs are required to be considered and approved by the Court.

Both Maurice Blackburn and Hayden Stephens & Associates intend to run the class action on a ‘no win no fee’ basis. This means that no funding commission will be payable to a third party litigation funder.

Nothing.

As a member of the class (and not the lead plaintiff, in whose name the case has been brought), an adverse costs order may not be made directly against you in respect of the determination of the common issues in the class action.

Unless and until there is a successful outcome, all costs will be borne by the lawyers.

Where seven or more people have claims that arise out of similar circumstances, a class action can be brought by one claimant on their own behalf and as a representative of others.

The class action process saves time and expense by avoiding the need to determine common issues of fact or law more than once. Class actions are efficient, enabling disputes and claims involving large numbers of people to be resolved via a single case.

The NSW Ministry of Health is responsible for managing the NSW public health system, which operates approximately 230 public hospitals as well as providing community health and other public health services through a network of local health districts.

Maurice Blackburn's class action
record is second to none.

$100m+

We are the only Australian class actions firm to deliver $100M+ settlements to clients in shareholder and listed securities actions, and have done so on seven occasions.

$3.6bn

We've recovered in excess of $3.6 billion for wronged clients since the inception of our class actions practice in 1998.

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Australian leaders.

Our reputation for excellence in class actions is unparalleled, increasing our chances of:

Better returns

Faster recovery

Lower cost to clients

Rebecca Gilsenan

Executive Director, Principal Lawyer, 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."

Katherine McCallum

Senior Associate, Sydney

'I was drawn to working on class actions because they enable ordinary people to enforce their rights against government and major corporations.'

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