SurfStitch Class Action Update

SurfStitch Class Action Update


Proceedings 2017/193375 & 2017/347082

25 November 2020

Our last update was the 14 September 2020.

Between 20 October 2020 and 22 October, the Honourable Justice Stevenson heard the Plaintiffs’ application for settlement approval of the class actions. The hearing lasted 3 days, due to the complex nature of this proceeding and voluminous material included in the Court Book. The Deed Administrators Justification Application for entering into the Deed of Settlement in the class actions was also heard simultaneously.

Given the complex issues that arose during oral arguments of the hearing, on 6 November, his Honour requested that the Plaintiffs and the contradictor for group members provide the Court with additional submissions in response to queries raised by the Court (Additional Material Requests).

On 23 November 2020 the Plaintiffs filed further evidence and submission in respect of the Additional Material Requests.

The contradictor is scheduled to provide his reply submissions shortly and the plaintiffs to file reply submissions thereafter.

His Honour’s decision about the Plaintiffs’ settlement approval application (including costs and commissions to be approved) is reserved pending the Additional Material Requests being answered. Distribution of the Settlement Distribution Scheme can only occur once his Honour hands down his decision.

We will provide a further update on this website once the Court confirms the date his Honour will be handing down his decision.

Should Continuing Group Members have any other queries or concerns in relation to your registration under the class action settlement, please contact the Gadens Team via email at or call our office on 03 9252 2555.


Glenn McGowan QC

Partner & Chief Counsel

Rebecca Di Rago


This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.