Queensland to Allow Class Actions for the First Time

By Amy Remeikis
Brisbane Times
August 4, 2016

http://www.brisbanetimes.com.au/queensland/queensland-to-allow-class-actions-for-the-first-time-20160804-gqld0i.html

After scrapping the statute of limitations for institutional child sex abuse survivors, the Palaszczuk Government is moving to add some pages to Queensland's law books and allow class actions.

As it stands, the Sunshine State has no class action structure in its legal system, forcing those who had cause, including the Queensland flood victims, to lodge their action in interstate courts.

After speaking to stakeholders following its announcement Queensland would follow New South Wales and Victoria and remove the statute of limitations preventing adult institutional child abuse survivors from applying for civil justice, Attorney-General Yvette D'Ath said the government would also introduce legislation to allow class actions to be filed in the Queensland court system.

"At present, Queenslanders who wish to take class action lawsuits have to operate through other jurisdictions to do so," Ms D'Ath

"For people who are often involved in emotionally and financially difficult circumstances, this can limit their access to justice through unnecessary complexity and inconvenience.

"There can also be an additional cost burden for claimants who currently need to pursue class action matters through other jurisdictions.

"For cases that are particularly pertinent to Queensland, it will also allow the knowledge and expertise of our judges and lawyers to be better utilised."

In an earlier statement, Queensland Law Society president Bill Potts had said the "exclusion" of Queensland from class action was "a cause for concern".

"Class actions are often the only way that poorly resourced victims of disasters and other tragedies can uphold their rights, but for Queensland victims with a possible class action, the only option is to commence those actions in other jurisdictions." he said in May.

Mr Potts also dismissed concerns that following in the footsteps of New South Wales and Victoria would see "an explosion of litigation".

"In Australia, between judicial control and the general 'loser pays' rules, frivolous actions are few and far between," he said.

"The cost and complexity of class actions and judicial supervision that is seen in the other Australian jurisdictions tends to limit class actions to genuine matters.

"It is also fair to say that the potential adverse consequences of class actions tend to encourage responsible corporate behaviour - nobody wants to be on the wrong end of a class action, and this has the effect of encouraging more responsible corporate conduct.

"...Over half of all class actions in Australia over the last 11 years have settled," Mr Potts said.

"By definition, class actions do require more focus in handling the claims of a large number of people in one court case; this tends to bring more focus to bear on solution outside of trials."

The government is due to release a discussion paper which will look at extending the statute of limitation removal for other institutions – such as families, and broadening the scope to also include cases of physical and psychological abuse.

The LNP, which had also committed to removing the legal timeframe barrier for institutional victims as recommended by a recent Royal Commission, has indicated it will support Labor's first legislation, which Premier Annastacia Palaszczuk is due to introduce on August 16.