In 2020, the Parliament of Victoria passed 33ZDA of the Supreme Court Act 1986 (Vic), empowering the Supreme Court of Victoria to make ‘group costs orders’ (GCOs). This paper seeks to assess the operation of Victoria’s GCO regime, and determine its appropriateness for the rest of the Commonwealth.

In this report, the Parliamentary Joint Committee on Corporations and Financial Services concurs with the findings of numerous previous reviews: namely, that class actions, when working as originally intended, should facilitate access to justice, discourage wrongdoing, and promote the efficient and effective use of court resources.

This ALRC report recommends a government review of statutory enforcement regimes for regulators to facilitate effective and consistent statutory redress schemes—to fill gaps and create an alternative to some class action proceedings.

On 16 December 2016, the Attorney-General, the Hon. Martin Pakula MP, asked the Victorian Law Reform Commission to report on ways to ensure that litigants who use the services of litigation funders or participate in group proceedings (class actions) are not exposed to unfair risks or disproportionate cost burdens.

The ALRC invites submissions in response to the proposals, commentary, analysis and questions in this discussion paper, which examines the increased prevalence of class action proceedings; the importance that costs in these matters are appropriate and proportionate; and the need to protect the interest of plaintiffs and class members.