Key points
- Investigation and filing typically takes six to eighteen months.
- Case management (discovery and submissions) often takes two to four years.
- Settlement negotiations can resolve a matter quickly or extend for years.
- Distribution to group members after settlement can take a further six to eighteen months.
- Total duration from investigation to payment is commonly four to seven years.
Why class actions take so long
Each stage involves extensive legal work: investigating facts, gathering evidence, filing pleadings, exchanging documents in discovery, preparing expert reports, and appearing before the court. Courts also manage heavy dockets, so directions hearings and trials are often scheduled months in advance. The defendant's willingness to engage in settlement negotiations is a key variable.
Factors that accelerate resolution
- Clear and well-documented legal liability.
- A defendant willing to settle early to avoid reputational risk.
- A relatively homogeneous group with straightforward losses to calculate.
- An experienced legal team and active case management by the court.
Factors that cause delay
- Defendants who contest liability and run extensive interlocutory applications.
- Large and diverse group membership requiring complex distribution schemes.
- Multiple competing class actions covering the same subject matter.
- Appeals against early procedural or substantive decisions.
What happens while you wait
Group members are not required to do anything during most of the proceeding. You will receive court notices about key dates — most importantly opt-out deadlines and the settlement approval hearing. Following the matter on ClassActions.com.au means you will be notified of significant milestones without monitoring court lists yourself.
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.