Research Paper #4 and Annexure : The Problem of Delay in Class Actions

In this paper, we examine delays in the resolution of class actions in the Federal Court and the New South Wales, Victorian and Queensland Supreme Courts. 592 proceedings were reviewed and publicly-accessible data on the duration of those actions, from their commencement to finalisation and the approval of settlement or handing down of judgment, is analysed. The data shows that time taken to resolve class action litigation in Australia falls a long way short of meeting benchmarks for the resolution of civil litigation generally. However, because of their unique characteristics, and given their complexity and scale, class actions cannot be expected to be resolved within the same timeframes considered appropriate for individual civil proceedings. Notwithstanding allowance for their unique characteristics, instances of actions which have taken several years to resolve, as well as the very protracted time taken to date in numerous as yet unresolved cases, are matters of considerable concern