Key points
- Group members are represented by the lead applicant’s solicitors for purposes of the common issues in the proceeding.
- You do not pay the solicitors — legal fees are typically deducted from any settlement or judgment amount.
- You may choose to engage your own lawyer to advise you on the terms of a settlement before you decide to opt out.
- If you have unique facts that give you a stronger individual claim, separate advice is worth considering.
- Opt-out decisions are irreversible — independent advice before opting out is strongly recommended.
Who runs the case?
The lead applicant (or lead applicants) and their solicitors conduct the litigation. They brief counsel, file documents, attend hearings, and negotiate settlement. Ordinary group members are not required to attend court, provide instructions, or pay legal bills during the proceeding.
When might I want my own lawyer?
Independent advice may be valuable:
- Before you decide to opt out — so you understand what rights you are giving up.
- If you have individual losses substantially above the typical group member claim — individual proceedings may recover more.
- Before you sign any litigation funding agreement that imposes obligations on you.
- If you are asked to act as lead applicant — the role carries specific obligations and some exposure to adverse costs.
How are legal fees covered?
Most class actions are run on a no win, no fee basis or are funded by a litigation funder who pays legal costs in exchange for a percentage of any settlement or judgment. Group members do not pay legal fees out of pocket — any deduction comes from the settlement proceeds. The court must approve the legal fee and funder deduction structure before it is imposed on group members.
This article is general information only and does not constitute legal advice. ClassActions.com.au is an independent information service and is not a law firm. If you believe you may have a legal claim, consult a qualified Australian legal practitioner.