AUSTRALIA Trends and Developments Contributed by: Amanda Banton, Elliott Smith, Melissa Morgan and Paul Smith, Banton Group
Banton Group Level 12/60 Martin Place Sydney 2000 NSW Australia Tel: +61 02 8076 8090 Email: info@bantongroup.com Web: bantongroup.com
The Australian litigation market in 2024 contin- ues to evolve, reflecting the impact of regula- tory changes, technological advancements, and growing economic and environmental pressures. Below is a snapshot of key trends and drivers shaping the litigation landscape this year. Continued Rise in Class Actions Class actions have remained a prominent feature of Australian litigation in 2024. In November 2024, the High Court of Australia gave its judgment in the Ford and Toyota class actions concerning the assessment of damages under the Australian Consumer Law for defec- tive goods. In a significant victory for consum- ers, the High Court ruled that damages must be assessed based on the diminished value of the defective vehicles at the time of supply, with- out considering subsequent repairs or usage, including any recall programme. This decision reinforces the importance of accurate product representations and the consequences of failing to meet consumer expectations. Although some commentators considered that the tide had turned against class actions with notable victories for the defendants in the CBA and Worley class actions, new claims continue to be filed. Shareholder class actions continue
to remain a key focus, with class actions filed against Phoslock Environmental Technologies, WiseTech Global and Dominos Pizza. Class actions on behalf of consumers have also been filed, including claims against Australia’s two largest supermarket chains for allegedly misleading discounts and a claim against a large retailer that sold extended warranties that alleg- edly gave consumers no more than their existing statutory rights. In July, the trial of class actions against Apple and Google was completed. These claims con- cern the alleged anti-competitive practices and excessive commission fees charged by Apple and Google in their respective app stores. The outcome of this case is keenly awaited as it will shape the approach to class actions under Aus- tralia’s competition law in the years to come. Data Privacy and Cybersecurity Litigation The surge in data breaches has led to increased litigation concerning data privacy and cyberse- curity. Businesses are facing lawsuits for failing to protect consumer data adequately. The pro- posed privacy bill has raised concerns among businesses about potential class actions result- ing from data breaches, highlighting the need for robust data protection measures.
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