Iluka Class Action

You will not be required to pay any out-of-pocket costs to participate in the class action, and you will not have to pay any legal fees if the litigation is unsuccessful.

A litigation funding company called Augusta Pool 1 UK Limited (Augusta) will pay the costs of running the action, in addition to any of the costs of the Respondent (Iluka) that the Court may order to be paid. In return, Augusta will seek the Court’s approval to deduct the costs it has paid as well as a success fee from any settlement amount or judgment amount in the event of a successful outcome. Any success fee to Augusta would be based on the amount recovered from Iluka.

Further information about the litigation funding arrangement can be found in the opt-out notice above.

Yes, your contact details will remain confidential. Shine Lawyers will only use your personal information strictly for the purpose of the legal proceedings. We will seek your consent before disclosing any of your personal information and before such disclosure is required by the Court.

Class actions take place in the Federal Court and State Supreme Courts of Australia. There are three criteria that need to be fulfilled for a class action to take place:

• There must be 7 or more people claiming;
• The claims must arise out of the same, similar, or related circumstances; and
• The claim must relate to at least one common issue of law or fact.

Class actions in Australia work on an opt-out model. This means that all potential claimants become group members of the action whether they intend to participate or not. These group members are bound by the judgment of the Court or settlement unless they opt-out. The group members in a class action are usually notified about the class action by order of the Court. Due to the size of each individual claim, the costs of running this action as an individual would quickly exceed the potential damages recoverable. As group members' claims involve common questions of fact and law, running this action as a class reduces the average cost of litigation to group members by addressing the common issues in a single trial, instead of multiple individual trials.

Upon completing your registration, you will receive important updates from your legal team to ensure you are kept informed of how the case is progressing.

As class actions are filed by the ‘Lead Applicant/s’ on behalf of a group of people, they will play an active role throughout the legal journey, whereas group members generally play more of a passive role.

Every class action is unique, however the class actions process will generally unfold in similar stages. Due to the nature of class actions, the first stage of the proceedings can take between twelve months to three years or more from its commencement. Unless a settlement is reached, the first stage will only resolve the Lead Applicant’s claims and the common issues of the proceedings, with group member claims to be resolved individually thereafter. As a registered group member, you may also be contacted by your legal team from time to time with:

• Updates on important case milestones that may require your action
• Requests for information or documents to help assess your individual claim.