Key points
- Group membership is determined by the class definition — a legal description of who qualifies.
- You are typically included automatically unless you choose to opt out.
- You do not need to take any action to be represented unless the court requires registration.
- Eligibility criteria vary by matter — common factors include dates, product types, and loss suffered.
- Registering interest does not guarantee membership; the court's class definition governs.
What a class definition is
Every class action includes a class definition — a precise legal description of who is a group member. A typical definition might specify: persons who purchased a particular product between two dates, who suffered loss as a result, and who have not previously released the defendant from liability. If you meet every element, you are a group member.
Common eligibility criteria
- Temporal: The harm occurred within a specified date range.
- Product or service: You used, purchased, or held a specific product or financial instrument.
- Loss: You suffered financial, physical, or other quantifiable harm.
- Residency: Some proceedings are limited to Australian residents or citizens.
- Prior releases: You have not previously settled or released your claim.
When registration is required
In some funded class actions, participation in the distribution scheme requires prior registration with the litigation funder or law firm. Registration does not create group membership — it signals your interest and ensures you receive notices. If a registration deadline is set by the court or scheme, missing it may affect your ability to receive compensation even if you are technically a group member.
Corporations and estates
Group members need not be individuals. Corporations, trusts, and deceased estates can be group members in appropriate proceedings — for example, shareholder class actions commonly include institutional investors and superannuation funds as well as retail investors.
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.