Key points
- The lead applicant’s name appears on the court documents and any published orders or judgments.
- They give instructions to the solicitors on behalf of the group on common issues.
- The lead applicant may be required to attend court and give evidence.
- They may bear adverse costs risk if the case is lost — though litigation funders and ATE insurance typically cover this.
- Ordinary group members have no formal obligations and need not participate actively.
What does the lead applicant do?
The lead applicant works closely with the law firm throughout the proceeding. They review and approve key litigation decisions, provide instructions on settlement offers, and may be required to swear affidavits or give evidence at trial. In return, courts give their interests particular weight when assessing whether a settlement is fair to the group.
Costs exposure and protection
If a class action is unsuccessful, the lead applicant may face an adverse costs order — meaning they must pay the defendant’s legal costs. In practice, law firms and litigation funders manage this risk through litigation funding agreements and after-the-event (ATE) insurance policies that indemnify the lead applicant against adverse costs. Prospective lead applicants should ensure these protections are in place before agreeing to the role.
Can there be more than one lead applicant?
Yes. Many class actions name two or more lead applicants — for example, where the group includes different types of claimants (individual consumers and small businesses), or where the proceeding covers a period during which different facts apply to different cohorts. Multiple lead applicants help ensure that the full range of group member claims is represented.
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.