Update: High Court of Australia rules in favour of class action
On 13 March 2024, the High Court of Australia dismissed Redland City Council’s appeal from the decision of the Supreme Court of Queensland (Court of Appeal) in 2022, finding that the Council had no defence of good consideration, which it sought to rely upon following its acceptance that ratepayers were not legally obliged to pay the special levies that were levied by Redland City Council between 2011-2017.
The decision of the High Court is final, and there will be no further right of appeal for either party. Click here to view the full release.
What is the Redland Ratepayer Class Action about?
Redland City Council (the Council) advised in March 2017 that the canal maintenance levy it imposed on ratepayers in Redland was potentially contrary to the requirements of the Local Government Act.
While the Council has refunded part of the moneys raised, Shine Lawyers have commenced proceedings on behalf of ratepayers to recover the remaining amount. Shine Lawyers consider that the Council is liable to ratepayers for the balance of moneys raised.
The proceedings are being funded by Augusta Ventures Limited.
Can I join the Redland Ratepayer Class Action?
To be part of this class action you must have:
Lived in the Redland local government area and been subject to a special levy in relation to canal/waterways maintenance including marina special charges in the period from 2011 to 2017; and
Not opted out of the class action.
If you meet this criteria, you may be entitled to compensation, and you are encouraged to register for the Redland Ratepayer Class Action.
How to register for the Redland Ratepayer Class Action
To register on a confidential, no-cost, no-obligation basis, please click the button below and fill out the form.
First Further Amended Defence and First Further Amended Counterclaim
Amended Reply and Answer
Rejoinder to Answer Replay and Answer
Judgment of Justice Bradley delivered 13 September 2021
Frequently Asked Questions
What is a class action?
When Governments, large companies or institutions do the wrong thing and people are harmed or suffer loss as a result, an individual can have little to no means of bringing a legal claim.
Class actions are an important mechanism within Australia’s legal system that allow large groups of people to come together to pursue a claim collectively.
For a class action to take place, there are three criteria that need to be met:
there must be 7 or more people that have claims against the same defendant; and
the claims relate to the same or similar circumstances; and
the claim must relate to at least one common issue of law or fact.
For more information about how class actions resolve, click here.
How long do class actions take to resolve?
It can take up to several years for a class action to resolve. The time taken from case commencement through to resolution and settlement administration depends on the particular case, and the nature of the claim.
For more information about class actions and how they work, click here.
Does it cost anything to join a class action?
Shine Lawyers is committed to ensuring that everyone, regardless of their background or financial situation, has access to justice. We run our class actions in a way that means you are not exposed to any costs or financial risk, so joining a class action will cost you nothing.
When a class action is successful, the legal fees and costs to run the class action are deducted from the settlement amount that is approved by the Court. If the class action is unsuccessful, we will ensure there are no out-of-pocket costs to you.
Will my contact details be kept private?
Yes, your contact details will remain confidential and we will seek your consent before disclosing any of your personal information (including before such disclosure is required by the Court).
Shine Lawyers will only use your personal information strictly for the purpose of the legal proceedings.
Meet the Redland Ratepayer Class Action team
Shine Lawyers’ Redland Ratepayer Class Action team includes some of the firm’s most experienced litigators, solicitors and support staff. You can learn more about the team running this class action by clicking on their profile below.
Our team includes the country’s most experienced class actions experts and litigators with the skill, industry insight and dedication to deliver the best possible outcomes for deserving Australians.
70+
dedicated class actions team members
We are proudly one of the largest class actions teams in the country. Our senior practitioners are supported by a dedicated team devoted to the complex field of class actions.
Shine Lawyers acknowledges the Traditional Custodians of the Country throughout Australia and their connections to land, waterways and community. We pay our respects to Aboriginal and Torres Strait Islander cultures; and to Elders past, present and emerging.