09 Nov 2016

New class action procedure for the Queensland Supreme Court

On 8 November the Queensland Parliament passed legislation that introduces a new class action procedure in the Queensland Supreme Court, the Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016.

As was widely publicised at the time, the Queensland Floods Class Action was commenced in the NSW Supreme Court as the action could not be commenced in the Queensland Registry of the Federal Court and the rules for representative proceedings in the Queensland Supreme Court were considered inadequate and did not match the class action procedure that was available in other State Supreme Courts.  

On 16 August 2016, the State Government announced the introduction of legislation, which included amendments to the Civil Proceedings Act 2011, which will introduce Part 13A entitled "Representative proceedings in Supreme Court", a new representative proceedings procedure to facilitate class action in the Queensland Supreme Court.  The legislation was passed by the Queensland Parliament yesterday and will commence on a date to be fixed by proclamation which is expected to be in early 2017.

The amendments enact a statutory regime modelled on substantially similar legislative schemes in place in the Federal Court of Australia and the Victorian and New South Wales Supreme Courts.

What does this mean for you?

The introduction of this legislation brings Queensland into line with other States and ensures efficiency in conducting litigation if the most appropriate forum for the litigation is the Queensland Supreme Court.

If you want to learn more about the new class action procedure, on Thursday 1 December 2016 at 5.30pm, the Brisbane office of Clayton Utz is holding a client information session regarding the new procedure. 

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.