Class Action Disputes
Aptum's innovative litigation model is designed to effectively resolve large-scale, complex commercial disputes. We act for claimants, respondents and litigation funders, one of only Australian boutique law firms with genuine capability across all three sides.
How can Aptum help?
Class actions can be a powerful legal instrument for pooling resources and sharing risk in large scale disputes involving multiple parties.
Aptum's experience in large scale, complex litigation enables us to advise on class actions spanning many industries, and on the various roles a party can play in protecting or pursuing legal and commercial interests.
Our focus on early and ongoing assessment of risk in complex litigation is an essential complement to class action litigation. Identifying the most effective and efficient legal pathway is particularly important in disputes where there are many parties and legal issues at play.
With the capability to work with claimants, respondents and funders in a class action dispute, Aptum has a strong handle on the strategies leading to successful class action outcomes.
Aptum has strong relationships with litigation funders, and our capability to offer value-based pricing enables our clients to share risk in even the most complex class action disputes.
"The whole team from the top of Aptum Legal down to the support team have all been very professional and always gone above and beyond for me and my family. I will highly recommend them for future work with people in my network needing legal professionals."
What is a class action in Australia?
A class action (also called a representative proceeding) is a court proceeding brought by a lead applicant on behalf of a group of people who have suffered the same or similar loss from the same or similar conduct. It's a mechanism for pooling resources and shared legal argument in matters where the individual claims would be too small to run on their own but the collective claim is substantial.
Australia has one of the most active class action jurisdictions in the world. The Federal Court has been the primary forum since Part IVA of the Federal Court of Australia Act 1976 (Cth) commenced in 1992. Victoria, NSW and Queensland have followed with equivalent state Supreme Court regimes. Since 2019, further reforms have reshaped the economics of class actions in Australia:
- Common Fund Orders — the BMW Australia v Brewster decision in 2019 restricted CFOs in the Federal Court but the position remains active in state courts and post-settlement.
- Group Costs Orders — Victoria's 2020 reforms allowing contingency fees in Supreme Court class actions have made the state a leading plaintiff jurisdiction.
- Continuous disclosure reforms — the 2021 reforms adjusted the fault element for continuous disclosure breaches, making shareholder class actions harder for plaintiffs to run.
- Whistleblower and ESG class actions — a growing category of claims driven by public interest and regulatory attention.
Aptum runs class actions across the whole spectrum: shareholder claims, financial services matters, consumer product claims, cartel follow-on damages, environmental and mass tort matters, employment class actions, and superannuation trustee proceedings.
Where Aptum runs class actions
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Shareholder class actions.
Claims by shareholders against listed companies for continuous disclosure breach, misleading market statements, or defective prospectus and PDS disclosure. Historically the largest single category of Australian class actions. Cross-refers to Financial Services and Securities Litigation.
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Financial services class actions.
Claims against banks, financial advisers, product issuers, and superannuation trustees. Common triggers are unsuitable advice, product mis-selling, and breach of trustee duties. Aptum acts both prosecuting these and defending them.
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Consumer product class actions.
Claims under the Australian Consumer Law (particularly section 18 misleading conduct and the consumer guarantee provisions) against manufacturers and suppliers of defective or misrepresented products.
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Cartel and competition follow-on class actions.
Damages proceedings following ACCC cartel findings or admissions. Common in shipping, construction, and consumer goods sectors.
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Environmental and mass tort class actions.
Group claims arising from pollution, contamination, natural disasters, or defective infrastructure. Often involve extensive expert evidence and long-running discovery.
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Employment class actions.
Wage theft claims, super underpayment claims, sham contracting claims, and restraint of trade breaches affecting groups of employees. Cross-refers to Employment Disputes.
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Franchise class actions.
Claims by franchisees under the Franchising Code of Conduct or the Australian Consumer Law where systemic conduct by a franchisor has caused loss across the network.
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Product liability class actions.
Claims against manufacturers for defective goods causing physical injury or property damage, run under Part 3-5 of the ACL or the general law of negligence.
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Superannuation trustee class actions.
Beneficiary or member claims against a superannuation trustee for breach of duty, mismanagement, or improper fee-taking. Cross-refers to Trusts and Estates Litigation and Financial Services and Securities Litigation.
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ESG and greenwashing claims.
An emerging category driven by ASIC's greenwashing enforcement and shareholder activism. Includes climate-risk disclosure claims and misleading sustainability claims.
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Respondent-side class action defence.
Aptum defends companies named as respondents in class actions — from the initial notice and case management stages through discovery, mediation, and (where necessary) contested hearing. Respondent-side work is a distinct strategic discipline.
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Funder-side advisory.
Aptum works alongside litigation funders on case assessment, structuring, and portfolio management. The Jason Geisker testimonial (Claims Funding Australia / Maurice Blackburn) below reflects this side of the practice.
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Representative proceedings in state courts.
Group proceedings under the Supreme Court Act in Victoria (Part 4A), NSW (Part 10) and Queensland (Part 13A). Victoria's Group Costs Order regime has made it a leading plaintiff forum.
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Opt-out notice and settlement approval.
Managing the specific court-supervised steps that class actions require: opt-out notices, group definition amendments, common questions determinations, and settlement approval applications under section 33V of the Federal Court of Australia Act.
What stage is your class action matter at?
Where the matter sits determines which Aptum service is the right fit.
I'm considering bringing a class action or joining one as a group member.
This is the right page. Aptum runs plaintiff-side class actions and can advise on funding options and merit assessment.
My company has been named as a respondent in a class action.
This is the right page. Respondent-side defence is a distinct discipline within Aptum's class action practice.
I'm a litigation funder assessing or running a class action.
This is the right page. Funder-side advisory is a genuine capability at Aptum — see the Jason Geisker testimonial below.
The class action is a shareholder or securities matter.
Cross-refer to our Financial Services and Securities Litigation service. Shareholder class actions run under Corporations Act continuous disclosure provisions and s1041H.
The class action involves financial services conduct or a superannuation trustee.
Also relevant is our Financial Services and Securities Litigation service and (for super trustee matters) our Trusts and Estates Litigation service.
The class action is a defence to conduct that also has a regulator investigation running.
Cross-refer to our Government and Regulatory Litigation service. Parallel regulator + class action exposure requires coordination.
I'm not sure which category I'm in.
Book the value conversation below. We sort the pathway in the first meeting.
What Aptum brings to class action matters
Nigel Evans
Nigel Evans, Aptum's Managing Director and Co-Founder, leads Aptum's class action practice. Before founding Aptum, Nigel spent 11 years at the commercial Victorian Bar, including work on large-scale representative proceedings and complex commercial matters. He is listed in Best Lawyers in Australia for Commercial Litigation (2026) and recognised by Doyle's Guide as a Leading Commercial Litigation and Dispute Resolution Lawyer.
David Adason
Nigel is supported by David Adason, Aptum's Associate Director. David has practised commercial litigation exclusively across his career, including a period as Associate to a Justice of the Federal Court of Australia. Class actions run in the Federal Court under Part IVA — David's Federal Court background is directly transferable to how the case gets prepared and how the court expects it presented. Doyle's Guide has recognised David as a Rising Star in Commercial Litigation and Insolvency Law. David architected Aptum's project management framework, which is particularly valuable in class actions given the extended timeframes, multi-year discovery, and thousands of group members most matters involve.
Tri-side capability is unusual
Most Australian class action firms are strictly plaintiff or strictly defence. Aptum's genuine capability across claimants, respondents and funders is uncommon at the boutique end of the market and reflects that our work is grounded in commercial litigation depth, not a specific claim book.
Federal Court is where the substantive class action work happens
Part IVA of the Federal Court of Australia Act 1976 (Cth) has been the primary Australian class action regime since 1992. The Court's case management approach, opt-out notice procedures, group definition amendments, and settlement approval framework are all specific to the Federal Court. David's Federal Court practice depth is directly transferable.
Funder relationships matter
Class actions economics are shaped by the availability and terms of funder support. Aptum's active relationships with the leading Australian litigation funders mean we can put a funded structure in front of clients at the pathways assessment stage — and can advise funders directly on case assessment and portfolio management.
Litigation funding for class actions
Class actions in Australia are almost never self-funded by the lead applicant. Funder involvement is the norm, and the funder relationship shapes the whole matter — from initial case selection through settlement negotiation and (in some cases) the funder's own return on the resolution.
Aptum has active relationships with the leading Australian litigation funders. Where a class action has genuine merit and adequate quantum, we can put a funded structure in front of a lead applicant at the value conversation stage. Where we are advising a funder directly, we bring the same commercial and forensic assessment to their case selection process.
"Nigel Evans, with David Adason and the Aptum team, are among Claim Funding Australia's most highly valued and trusted collaborators. Nigel and the team wield a significant power to weight ratio and deliver a sophisticated and highly effective method to litigation and dispute resolution."
— Jason Geisker, Head of Claims Funding Australia and Principal Lawyer at Maurice Blackburn
What makes Aptum different
Specialist expertise
All we do is litigate complex commercial and tax disputes.
Legal intelligence framework
Practical, ongoing risk assessment to focus on the essential.
Project management framework
Routine documented strategy through custom project management.
Recent matter outcomes
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01
Aptum advises a litigation funder in a shareholder class action
Problem. A litigation funder was involved in a Federal Court shareholder class action concerning investor claims arising from the acquisition of publicly traded securities. The proceeding raised complex issues relating to litigation funding arrangements, group member participation and the distribution of any recovery. Aptum's role. Aptum acted for the litigation funder, advising on funding arrangements and preparing applications concerning common fund orders, confidentiality of funding documents, and the funder's entitlement to recover funding costs and commission. Outcome. Aptum advanced the funder's position in a significant shareholder class action, navigating complex issues at the intersection of class actions, litigation funding and Federal Court procedure.
What happens when you engage Aptum
Aptum runs every matter under our project management framework, with clear expectations on timing, cost and scope from the first call. Before you pay us anything, you get a free value conversation so you know exactly where you stand. No surprises.
Value conversation (free)
You come in for a conversation, in person at our office or over Teams, with the practice lead who would run your matter and your client experience coordinator. You tell us what the underlying conduct is, who's affected, and what you're trying to achieve. We tell you whether the matter is genuinely viable as a class action (many disputes look like class actions but don't meet the group commonality requirement), what the funding position looks like, what the realistic outcomes are, and what to expect on cost, timing and scope if you engage us. Real expertise from a senior practitioner before you commit to anything, not a fake triage.
Pathways assessment
Once you engage, you receive a documented strategy and a cost forecast aligned to the stages of your matter. For class actions that typically means confirming the group definition, mapping the common questions of law or fact, identifying the lead applicant, engaging the funder (or confirming the client is self-funded), and setting up the file for the Federal Court case management schedule that Part IVA proceedings run under.
Execution
This is the phase for pleadings, opt-out notices, discovery, expert evidence, mediation, settlement approval application (or trial). Class actions run for years, not months — the project management framework is designed for this length of matter with regular reporting and stage-based budget updates. Routine documented strategy. Regular communications. A relentless focus on the essential issues.
How we manage cost
Class actions are almost always the most cost-intensive matters Aptum runs. Multi-year discovery, thousands of group members, extensive expert evidence, and complex settlement approval processes all drive substantial legal spend. What we commit to is one of our five client service promises: clear expectations as to the timing, costs and scope of our engagement, and updating those expectations as early as possible if anything changes.
Value conversation.
A free conversation with the practice lead to work out whether the matter is genuinely viable as a class action and what the funding position looks like.
Estimate and scope.
Once engaged, you receive a documented strategy and a cost forecast aligned to the stages of your matter. Stage-based budgets, regular reporting, and any scope changes documented and agreed in writing.
Litigation funding.
For plaintiff-side class actions, funding is usually essential. Aptum's relationships with the leading Australian litigation funders mean we can put a funded structure in front of a lead applicant at the value conversation stage. Funded matters shift the cost risk to the funder in exchange for a share of the recovery.
Group Costs Orders (Victoria).
In the Victorian Supreme Court, a Group Costs Order can be sought allowing the plaintiff firm to be paid a percentage of the recovery on a contingency basis. Aptum advises on when a GCO structure is available and whether it produces a better economic outcome than a traditional funded model.
Investment mindset.
Aptum approaches every matter with an investment mindset: the most practical outcome in the shortest possible time, at the least possible cost, with the biggest possible return.
Frequently asked questions
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What is a class action?
A class action (also called a representative proceeding) is a court proceeding brought by a lead applicant on behalf of a group of people who have suffered the same or similar loss from the same or similar conduct. It allows individuals who wouldn't be able to run a claim on their own economically to share resources and pool their claims. Australia's federal class actions are brought under Part IVA of the Federal Court of Australia Act 1976 (Cth).
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How do class actions work in Australia?
A lead applicant files a Statement of Claim on behalf of themselves and a defined group of similarly affected people. The Federal Court manages the case through pleadings, discovery, expert evidence, mediation, and either settlement approval or hearing. Group members are entitled to opt out if they don't want to be bound. Any settlement or judgment binds all group members who haven't opted out and is subject to court approval.
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Can I opt out of a class action?
Yes. Once a class action is filed, the court issues an opt-out notice setting a deadline. Any group member who wishes to bring their own separate proceedings or not be bound by the outcome must formally opt out by the deadline. Missing the opt-out deadline generally means you're bound by the outcome — good or bad.
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How long do class actions take in Australia?
Typically 3 to 7 years from filing to settlement or judgment. Simple matters can settle earlier. Complex shareholder or product liability matters with multi-year discovery and multiple expert reports can run longer. Aptum's project management framework is designed for matters of this length.
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How much do class action lawyers charge?
It depends on the funding structure. Where a litigation funder is involved, the funder covers the legal costs during the matter and takes a share of the recovery (typically 20-30% of the settlement). Where a Group Costs Order is in place (Victoria only), the plaintiff firm takes a court-approved percentage of the recovery. Where the matter is self-funded, hourly rates or a combination of hourly + success fee usually applies. Aptum tells you at the value conversation which structure fits your matter.
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What is a litigation funder?
A litigation funder is a third-party investor who agrees to pay the legal costs of running a class action in exchange for a share of the recovery. Funders assess case merit, quantum and defendant solvency before committing. Australia has a mature litigation funding industry with several established funders — Aptum has active relationships with the leading ones.
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What is a Common Fund Order?
A Common Fund Order (CFO) is a court order requiring all group members (opt-out or otherwise) to contribute proportionally to the funder's commission out of any recovery, regardless of whether they signed a funding agreement. CFOs at the outset of a proceeding were restricted by the High Court in the 2019 BMW v Brewster decision, but post-settlement CFOs and equivalent arrangements are still available.
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What is a Group Costs Order?
A Group Costs Order (GCO) is available in the Victorian Supreme Court since 2020 and allows the plaintiff firm to charge a court-approved percentage of the recovery as its fee, in place of standard hourly billing. GCOs effectively bring contingency fees to Australian class actions in Victoria. Aptum advises on whether a GCO structure fits a particular matter.
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Can my company be a respondent in a class action?
Yes. Companies most commonly become class action respondents when they're a listed company (shareholder class actions for continuous disclosure breach), a financial services provider (mis-selling class actions), a consumer product manufacturer (product liability), or a party to alleged cartel or competition conduct. Aptum runs respondent-side defence work.
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What is the difference between opt-in and opt-out class actions?
Federal Court class actions under Part IVA are opt-out by default — group members are automatically included and must opt out to be excluded. Some funded plaintiff-side matters are also structured as opt-in ("book build"), where only those who actively sign up participate. Which structure applies depends on the specific proceeding and any court orders.
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How does settlement approval work?
Class action settlements are not final until the court approves them under section 33V of the Federal Court of Australia Act (or the equivalent state provision). The court assesses whether the settlement is fair and reasonable in the interests of group members as a whole, considering the quantum, the funder's commission, the plaintiff firm's fees, and any objections from group members. Approval hearings can be substantial contested proceedings in themselves.
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Do I need a lawyer for a class action?
Yes. Class actions have specific procedural, evidentiary and case management requirements that only a specialist lawyer can navigate. Legal privilege over your strategy and options only attaches to your communications with a lawyer. Group members in an existing class action generally don't need their own lawyer (the lead applicant's lawyers act for the group), but lead applicants, respondents and funders all need specialist representation.
Offices
Aptum services class action clients across Australia from three offices.
Thinking on class action disputes
Aptum publishes on class action strategy, litigation funding, and the mechanics of running large-scale representative proceedings.
Get clarity on your class action matter
Class actions run on years-long timeframes, involve substantial commercial exposure, and require specialist procedural expertise. Whether you're a potential lead applicant, a company facing a claim, or a funder assessing an opportunity, getting the strategy right at the outset shapes the whole matter.
In a free value conversation, Aptum's class actions team will tell you whether the matter is genuinely viable, what the funding position looks like, and what the run to resolution looks like. No surprises.
Call (03) 7020 9230
Book your value conversation