Class Actions

With decades of experience in Australia’s most complex matters, we bring a strategic and disciplined approach to defence. That’s what makes Clayton Utz a go-to team for high-stakes class actions.

Overview

Australia’s class action environment is increasingly active, sophisticated and well-funded, with businesses across all sectors exposed to coordinated claims and regulatory scrutiny.

When your business is targeted, success depends on more than legal expertise. It requires early risk identification, a clear defence strategy, and careful alignment of legal, regulatory and reputational considerations.

Our team has been at the forefront of class action defence in Australia for almost 30 years. We combine deep experience across industries with a practical, commercially focused approach - helping clients navigate risk, respond decisively, and achieve outcomes that protect both their position and their broader business objectives.

Demonstrated experience in the strategic defence of class actions proceedings

We support clients at every stage of the class action lifecycle - from early risk assessment and pre-emptive strategy, through to defence, resolution and post-matter learnings. This includes coordinating responses to parallel regulatory investigations, managing large-scale discovery, and advising on communications and reputational risk. Our focus is on giving you clarity early, controlling exposure, and driving efficient, commercially aligned outcomes.

A leading Australian firm with Global connections

Our strong relationships with international firms and networks allow us to seamlessly manage global class actions as they play out in Australia. We have deep experience aligning defence strategies across jurisdictions, ensuring consistency in approach, efficient information sharing, and a coordinated response to complex, cross-border claims.

Recognition

The product liability and class action practice at Clayton Utz is highly experienced. They have been involved in major class actions in Australia, usually ones that derive in the US and then pass into other jurisdictions. A client who wants to fight and win the class action will get highly experienced lawyers with proven results.

– Legal500 - Tier 1, Dispute Resolution: Class Actions

The team leads the field in being acutely aware of the importance of ascertaining and deploying legal issues and strategies, marshaling the evidence in support and working with clients, barristers, experts, and the team more generally in order to obtain the best outcomes (and often in difficult cases).

– Legal 500 - Tier 1, Dispute Resolution: Class Actions

The lawyers are incredibly thoughtful and attentive to detail. They are highly responsive and provide thorough, well-considered and reasoned advice.

– Chambers - Dispute Resolution

Experience

Toyota Finance

Acting for Toyota Finance Australia Limited (TFAL) in representative proceedings before the Supreme Court of Victoria in regards to flex commissions arrangements.

Hino Motors Ltd (Hino Motors)

Defending Hino Motors in a class action in the Supreme Court of Victoria in relation to alleged misconduct concerning engine certification of certain Hino diesel vehicles.

Bayer

Acted for Bayer in a complex class action in the Supreme Court of Victoria concerning the Essure contraceptive device. The Defendants were wholly successful in defending the Plaintiff's claim and the common questions on liability. This was one of few complete defences in Australian class actions.

Victoria Junior Doctors Class Action

Defended the Victorian Department of Health in 30 Federal Court class action proceedings brought against 36 health services, alleging unpaid and unrostered overtime payments owed to junior doctors. The claims were defended by the Health Services (as employers) in collaboration with the Department of Health. This is one of the largest and most complex multifaceted class actions in Australian history.

Commonwealth Bank of Australia

We successfully defended CBA and The Colonial Mutual Life Assurance Society Limited in a class action in the Federal Court concerning the sale of CBA's credit insurance products.

Also successfully defended Count Financial in a major class action regarding alleged breaches of the ASIC Act, Australian Consumer Law and Corporations Act.

Apple

We defended the biggest Part IV case conducted in the Federal Court in proceedings commenced by Epic Games (the creator of Fortnite) and in associated class action proceedings commenced on behalf of App Store consumers and developers seeking compensation arising from alleged overpayments.

ANZ BBSW USA class action

Defended a class action in the Federal Court concerning the bank bill swap rate (BBSW) trading by ANZ and other banks in the United States District Court (New York). The class action had been brought by numerous entities that traded with ANZ and other Australian Banks in financial products referencing the BBSW.

Allergan

Defending all three Allergan entities; Allergan Australia Pty Limited, Allergan Limited, and Allergan Inc. Allergan is the class action commenced in the Federal Court of Australia in 2024. The class action alleges that certain macro-textured breast implants were not of acceptable quality.

Philips Electronics Australia Ltd

Defending Philips Electronics Australia Ltd in a class action in the Federal Court relating to named CPAP and BiPAP devices for the treatment of sleep apnoea, which are also the subject of a global recall, which began in mid-2021 and associated regulatory investigations.