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

Tier 1, Dispute Resolution: Class Actions – Legal500
"They lead a close knit team of senior and junior practitioners who are able to work together to deliver the best outcomes for their clients." Legal 500 - Dispute Resolution: Class Actions

Experience

Volkswagen

We defended the VW Group in five class actions in the Federal Court of Australia, brought by two plaintiff law firms on behalf of vehicle owners and the ACCC in respect of diesel emissions issues and regulatory issues.

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.

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 has been brought by numerous entities that traded with ANZ and other Australian Banks in financial products referencing the BBSW.

Fair Work Ombudsman

We acted for the Fair Work Ombudsman (FWO) in its Federal Court litigation against Coles Supermarkets Pty Ltd, alleging that Coles contravened the Fair Work Act 2009 (Cth) (FWA) by underpaying more than 8,700 salaried employees a total of $113.8 million.

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.

Additional experience

Automotive

Takata Air Bags: We acted for each of Subaru and Volkswagen in their defence of Takata airbag class actions brought in the Supreme Court of New South Wales on behalf vehicle owners against the Australian distributors of vehicles originally supplied with airbag inflators manufactured by Takata. The claims alleged that these vehicles have reduced in value as a result.

Jaguar Land Rover Australia (JRLA): We are defending JLRA in two class actions in the Federal Court by owners of certain models of diesel vehicles that contain diesel particulate filters.

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

Isuzu Motors: acting for Isuzu Motors in a class action filed in the Federal Court of Australia of alleged defeat devices in the Isuzu D-Max and MU-X models.

Pharmaceuticals and Healthcare

Allergan: defending all three Allergan entities: Allergan Australia Pty Limited, Allergan Limited, and Allergan Inc. Allergan in 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.

Johnson & Johnson: acted for Johnson & Johnson Medical Pty Ltd, Ethicon Sàrl and Ethicon, Inc. in a class action in the Federal Court concerning pelvic mesh medical devices used for the treatment of pelvic organ prolapse and stress urinary incontinence.

Merck & Co Inc and MSDA: acted for Merck and MSDA in a class action in the Federal Court involving claimants who alleged cardiovascular injuries due to their consumption of the prescription medicine VIOXX. This case remains the landmark Australian product liability class action decision.

GD Searle & Co: defended GD Searle & Co (now merged with Pfizer Inc) and Monsanto Corporation in the Australian proceedings in the Supreme Court of New South Wales involving the Gravigard (Copper 7) intrauterine contraceptive device (IUD). These proceedings were commenced before the introduction of the modern class actions system in Australia and were conducted as test cases involving representative plaintiffs. We were successful at trial and, although the trial judgments were overturned on appeal, the claims were ultimately resolved by settlement.

Underpayments

Victoria Government Department: Defending a government department who failed to grant pay progressions to eligible current and former senior Victorian Public Service employees.

Commonwealth Bank Of Australia: We acted for CBA in a representative proceeding commenced by the Finance Sector Union (FSU) in the Federal Court. The FSU alleged that CBA failed to provide paid tea/rest breaks worth up to $45 million to thousands of eligible employees covered by three applicable CBA Enterprise Agreements between 2016 and 2022.

The Reject Shop: We are acting for The Reject Shop Limited (TRS) in a class action proceeding filed in the Federal Court by Adero Law in April 2023. The claim seeks to recover alleged wage underpayments for certain categories of employees, assessed under the General Retail Industry Award.

Lovisa: advising Lovisa on the defence of a class action proceeding brought against them regarding multiple allegations of unpaid overtime and failure to keep proper employee records for approximately 10,600 group members.

Financial Institutions

Commonwealth Bank of Australia & Count Financial Limited: acting for Count Financial Limited (Count) which was successful in defending representative proceedings before the Federal Court of Australia.

Colonial First State Investments, Colonial Mutual Life Assurance Society Limited, AIA Australia Limited: acting for Colonial First State Investments Limited (CFSIL), Colonial Mutual Life Assurance Society Limited (CMLA) and AIA Australia Limited (AIAA) in representative proceedings before the Federal Court of Australia. The matter concerns alleged breaches of the trustee duties resulting in alleged "excess premiums" being charged to members of 4 superannuation funds over a period between January 2014 and February 2022.

FX markets: advised on a £1 billion+ class action in the Federal Court including allegations that the defendants rigged the global foreign exchange market.

Plus500: advised Plus500, company listed on the London Stock Exchange, in class action proceedings commenced in the Federal Court of Australia. The proceedings allege that Plus500AU Pty Ltd issued contracts for difference (or CFDs) which were complex and high-risk investments not suitable for many retail investors

Commonwealth Bank of Australia/Storm Financial: We acted for CBA in a class action in the Federal Court arising out of the collapse of Storm Financial and its advisory business. The class action was successfully resolved following an eight month trial but before judgment was entered.

TrustCo/Banksia Securities: acted for TrustCo, in its capacity as trustee holding security on behalf of the debenture holders of Banksia Services Limited, in a class action in the Supreme Court of Victoria.

Consumer Products

Vitamins Cartel: We acted Hoffmann LaRoche in a class action in the Federal Court arising from alleged anti-competitive conduct in the international vitamins industry. This case remains one of Australia's largest resolved private enforcement class actions.

Landfill Class Action: We advised an international insurer in the defence strategy applied to successfully resolve a complex multi-party class action in Supreme Court of Victoria in relation to toxic gas emissions from a major urban landfill.

Shareholder Class Action

Myer: We acted for Myer, the iconic department store operator, in defending the first shareholder class action to proceed to judgment in Australia. The action was brought in the Federal Court and involved alleged contraventions of continuous disclosure obligations under the Corporations Act and misleading or deceptive conduct regarding the financial performance of Myer in FY15. The court held that notwithstanding certain contraventions had occurred, they did not cause any loss. The judgment was described in the press to be "as landmark as it gets".

Dick Smith Electronics (DSE): We are acting for two former executive directors of DSE in two class actions brought in the Supreme Court of New South Wales by separate law firms on behalf of two classes of shareholders. The class actions include allegations regarding DSE's financial accounts and statements. The claims are also brought against DSE and Deloitte, as DSE’s auditor.