A personal injury firm said the decision to run class actions against Coles and Woolworths alongside proceedings brought by the consumer watchdog would “streamline the path to justice”.
The Federal Court has ordered that class action proceedings brought by Gerard Malouf & Partners (GMP Law) against Coles and Woolworths would run alongside the Australian Competition and Consumer Commission’s (ACCC) own proceedings.
The class action has given an undertaking to be bound “by all findings of fact, findings of law and mixed findings of fact and law” made in the determination of liability issues in the ACCC matter.
By doing so, GMP Law said it would avoid duplication of issues, reduce legal costs, and “maximise protection” for group members.
“This is an important milestone for group members,” GMP Law founder and chairman Gerard Malouf said.
“The 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 established.”
During the ACCC proceedings, the court will hear whether Coles and Woolworths made false and misleading representations in their discount price campaigns. If established, it will directly impact the question of group members’ potential compensation.
GMP Law will have access to evidence, submissions, and transcripts from the ACCC proceedings and has retained the right to intervene if issues arise that may impact the group members.
The class action has alleged that between September 2021 and May 2023, Woolworths temporarily raised prices of 276 products, and then promoted them on “Prices Dropped” specials, despite being the same or higher than the original price prior to the increase.
Similarly, for its “Down Down” promotions, Coles allegedly increased the prices of 255 items and promoted discounts at prices that were higher or the same as the original price prior to the increase.
Following the filing of the class actions, Malouf said the firm had estimated the average consumer could be eligible for a refund of between $200 and $1,300, depending on shopping habits.
A case management hearing has been set down for 10 September to finalise opt-out agreements.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
