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Though class actions have traditionally been undertaken by large law firms, a Queensland firm contends that this narrative is changing and is becoming a “powerful weapon” for regional Australians and boutique legal practices.
Creevey Horrell has argued that class action proceedings are increasingly emerging as a valuable legal instrument for everyday individuals, particularly those in regional and rural areas.
The Queensland firm highlights that this approach is evolving into a “powerful weapon” for these individuals, enabling them to “overcome the high cost of litigation and stand up to large corporations, insurers, and government bodies to achieve justice”.
Dan Creevey, the principal of Creevey Horrell, has pointed out that while class actions have historically been associated with larger law firms, he believes that such actions “aren’t just for big-city firms”.
He explained that such pursuits are becoming real “game changers” for individuals and boutique law firms, enabling them to “seek redress from the courts when they have suffered genuine harm”.
Creevey shared a recent success story involving a group of women from Queensland and NSW who initiated a class action against The Cosmetic Institute (TCI), who experienced complications as a result of the institute’s “one size fits all” breast augmentation surgeries.
By taking such action, he revealed that the class action led to a remarkable settlement that amounted to $25 million.
While there may be an uptick in class action filings from individuals and small law firms, it is essential to note that these filings in Australia are actually in decline.
According to an annual report from King & Wood Mallesons (KWM), only 44 new class actions were recorded between 1 July 2023 and 30 June 2024. This marks the lowest total of class actions filed since the 2016–2017 period.
Eleanor Atkins, a partner at KWM, recently shared her insights on this topic on The Lawyers Weekly Show, in which she explained that this decline can be attributed to a process of “normalisation” following a period marked by heightened and intensified activity.
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