What to watch in 2025

All indications are that 2025 will be a significant year for class actions in Australia. We await not only the outcome of a number of judgments (including on appeal) that should clarify important aspects of the law, but also potential legislative reforms. We are watching the following matters particularly closely—the outcome of which has the potential to affect the economics and attractiveness of commencing class action proceedings and the risk for those doing business in Australia posed by class actions:

• The Kain appeal, in which the High Court is set to address whether SCFOs are available and the circumstances in which it is appropriate to make a SCFO, as well as potentially revisiting the issue of the availability of CFOs more broadly.
• The Bogan appeal, in which the High Court will address the transfer of proceedings from Victoria to another (otherwise more appropriate) jurisdiction in circumstances where a GCO has been made, and the question of whether a GCO can 'travel' to that new jurisdiction.
• The outcome of an appeal in which the High Court will determine whether the courts have power to make 'class closure' orders (noting there is an express statutory power to make class closure orders in Victoria).¹
• Judgments in a number of shareholder class actions, including at least two appeals likely to provide guidance on how causation and loss are to be established.
• The courts' approach to contested applications for security for costs in relation to self-funding plaintiff law firms.
• The 2025 federal election and parties' policies in relation to class actions and, in particular, proposals that may place caps on returns for class action promoters.