Source: University of Auckland (UoA)
With class actions making headlines, researchers are asking whether they deliver fair compensation and deter repeat offending.
Mass class actions for personal injury claims don’t always deliver justice for victims or deter wrongdoing, research suggests.
In a journal article, Auckland Law School’s Nikki Chamberlain and Professor Michael Legg (University of New South Wales) examine how class actions, which enable groups with similar claims to pursue a case collectively, operate in Australia and New Zealand.
They say that while class actions can compensate claimants and deter wrongdoing to some extent, significant issues hinder their effectiveness; ‘class actions are necessary, but often not sufficient’, they write.
Although large compensation payments are often awarded, these payments can come years after the wrongdoing was committed, which is particularly problematic when personal injury is involved.
Ultimately, says Chamberlain, this raises questions about whether there’s a more effective way to remedy mass damages, and her ongoing research digs deeper into options, including New Zealand’s regulatory approach under the Accident Compensation Act.
In the article, published in the bimonthly journal, Laws, Chamberlain and Legg analyse the Australian and New Zealand class action systems, prior research, and three case studies.
Read more: http://www.auckland.ac.nz/en/news/2025/10/29/mass-claims–mixed-results–the-class-action-dilemma.html
