How Do You File A Class Action Lawsuit?


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Class actions are where multiple people join together to have a claim resolved in one combined legal case. Below, find out ‘how do you file a class action lawsuit?’ and how Carbone Lawyers can help you.

Carbone Lawyers has been delivering great outcomes for our clients for over 30 years. We have a team experienced in high profile class action cases, passionate about fighting for the common good. We are relentless when it comes to pursuing our clients’ best interests and always conduct legal matters with the utmost integrity, confidentiality and humility. Below is some advice on ‘how to do a class action lawsuit?’ and ‘how do you join a class action lawsuit?

How To Do A Class Action Lawsuit

The criteria or process of how to do a class action lawsuit is quite simple, however, this doesn’t mean that it won’t be complex. Each class action is unique so the process may vary accordingly, however, to file a class action lawsuit you must meet the following criteria: 

    • There must be seven or more people claiming against the same defendant
    • The claims must all be in respect of, or arise out of, the same, similar or related circumstances
    • The claims must give rise to a substantial common issue of law or fact

    Other factors can determine how your class-action lawsuit will proceed, such as whether you have a representative plaintiff to pursue the claim on behalf of the group, what the group definition is and whether there are unique aspects to an individual’s claims within the group.

    How Do I Join A Class Action Lawsuit

    To find out ‘how do I join a class action lawsuit?’, you will first need to determine that you meet the criteria for the group definition set out in the court documentation. 

    If you meet the criteria, the next step in how you join a class action lawsuit is to register your participation. This may be a form that you need to complete – the requirement for how to join the group will be set out in a notice ordered by the Court. Because class actions in Australia are run on an ‘opt-out’ basis, this means you may already be part of a class action group by default so won’t need to do anything to join.

    The opt-out classification means that a class action can proceed on behalf of a defined group, regardless of whether all members in the group are aware of the class action or not. There will be an opportunity to opt-out of the class action once an opt-out notice has been made public. It is always best to seek legal advice before you choose to opt out of a class action.

    Talk To Us About How Do You Join A Class Action Lawsuit

    For expert advice on how to do a class action lawsuit or how do I join a class action lawsuit contact us today. Call 1800 369 888 or fill out our online enquiry form and we will get back to you as soon as possible.

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