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
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
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
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 bulletin.
Persons listed may not be admitted in all states and
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
2016 was an important year for the development of class action jurisprudence in Australia. The year brought at least 25 new class action lawsuits and substantial settlements that will impact litigation moving forward.
Considering costs issues early in the process of seeking injunctive relief can facilitate more efficient recovery.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).