Class Actions Lexicon (A–Z)
A guide to common class action terms in Australia, explained simply.
Administrator
An independent person or company appointed (usually by the court) to manage the distribution of money from a settlement or judgment to group members.
Affidavit
A written statement of facts, sworn or affirmed to be true, often used as evidence in court proceedings.
Applicant (Plaintiff)
The person or small group who officially starts the class action on behalf of all group members.
Barrister
A specialist lawyer who appears in court to argue cases. Barristers are often briefed by law firms to present complex class actions.
Bookbuild
The process of collecting and registering the names of potential class members, often used to show there is enough support for a case to proceed.
Burden of Proof
The obligation on the applicant to prove their case to the required legal standard.
Class Action (Representative Action)
A case where many people with similar claims are grouped together and run as one proceeding, instead of thousands of separate cases.
Common Issues
The shared questions of fact or law that apply to all class members, which make a class action possible.
Common Fund Order
A court order spreading the costs of a litigation funder across all class members, so everyone contributes fairly to funding costs.
Costs
The expenses of running a case, including lawyer fees, expert reports, and court filing charges. These are usually deducted before any distribution to class members.
Damages
Money awarded by a court (or included in a settlement) to compensate for loss, harm, or injury.
Defendant (Respondent)
The party being sued in the class action, such as a corporation, government, or institution.
Disbursements
Out-of-pocket expenses for running a case (such as expert reports, filing fees, or travel), separate from lawyer fees.
Distribution Scheme
The court-approved plan for dividing settlement or judgment money among class members.
Group Members (Class Members)
People who are part of the class action because they fall within the defined group. They usually don’t need to appear in court or file their own claim.
Judgment
The final decision of the court after a trial, setting out liability, compensation, or dismissal.
Jurisdiction
The particular court or authority with power to hear and decide a class action (e.g., the Federal Court of Australia).
Lead Plaintiff (Representative Plaintiff)
The person who files the case and gives instructions to the lawyers on behalf of all group members.
Litigation Funder
A company that pays legal costs and takes on the financial risk of running a class action in return for a percentage of any settlement or judgment.
Mediation
A confidential negotiation process facilitated by a neutral third party (mediator) where parties try to reach a settlement without going to trial.
Misrepresentation
False or misleading statements made by a defendant that cause financial or other loss to group members.
Notice to Group Members
A formal communication sent to potential class members, usually ordered by the court, explaining the case, deadlines, and how to participate or opt out.
Opt In
A process (rare in Australia) where people must take positive steps to join a class action.
Opt Out
The standard process in Australia: all affected people are automatically included unless they take formal steps to opt out by a deadline.
Registration
The process where group members formally provide their details to participate in a settlement or judgment distribution.
Security for Costs
Money that a court may order the applicant (or their funder) to pay upfront to guarantee the defendant’s costs if the case is unsuccessful.
Settlement
An agreement to resolve a case without a trial. In class actions, a settlement must be reviewed and approved by the court to ensure fairness.
Standing
The legal right to bring a case. In class actions, the representative plaintiff must have standing, meaning they are directly affected by the issue.
Terms of Settlement
The written agreement setting out the conditions of how a class action is resolved, including payments, admissions (if any), and releases from liability.
Waiver
An agreement where a person gives up certain rights or claims. Class Justice uses a waiver to limit liability for the information we provide.
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