Coles and Woolworths will each face a joint class action next year over allegations that they misled shoppers with their discount pricing claims.
The Federal Court has confirmed that the class actions, run by law firm Gerard Malouf & Partners on behalf of consumers, will proceed alongside the Australian Competition & Consumer Commission’s (ACCC) proceedings against the supermarket chains.
To reduce legal costs and ensure maximum protection for group members, the class actions have been paused until the ACCC delivers its liability judgment. The court will first hear the consumer watchdog’s case on whether Coles and Woolworths made false or misleading claims in their discount campaigns.
If liability is established, the findings will apply to the class actions, which will then move directly to the question of compensation for group members.
“This is an important milestone for group members,” said Gerard Malouf, founder and chairman of GMP Law. “The court’s decision to align our class action with the ACCC proceedings streamlines the path to justice, reduces costs, and strengthens the prospects of securing fair compensation if liability is confirmed.”
The next case management hearing is scheduled for next Wednesday in Melbourne.
