Court of Appeal clarifies lead plaintiffs’ authority to settle class actions

The Victorian Court of Appeal has ruled that a settlement deed containing releases and acknowledgements beyond the scope of common issues in the Great Southern class action is binding upon group members, despite the High Court’s holding that representative plaintiffs and group members are not privies in relation to uncommon issues.

Bendigo and Adelaide Bank Ltd v Pekell Delaire Holdings Pty Ltd [2017] VSCA 51 

Class Actions: the not-so-final frontier

The interplay between the Anshun principle and class actions has been examined in detail by the High Court, which determined that class members are not precluded from raising individual issues and un-pleaded common issues by reason of their being a class member.