Medibank Data Breach Class Action

Important Update

Slater and Gordon has reached an agreement with law firm Baker McKenzie to join our respective class actions against Medibank Private Ltd (Medibank) into one consolidated proceeding. The new consolidated case will incorporate the work of both proceedings into a single proceeding, strengthening the case against Medibank.

It has been agreed as part of this consolidation that Slater and Gordon will cease acting for group members in the consolidated proceeding. Baker McKenzie will have sole responsibility for the proceeding in the future.

The Federal Court approved consolidation on these terms on 1 August 2023.

Frequently Asked Questions

Why is the proceeding being consolidated?

At the first hearing of the Slater and Gordon class action on 12 May 2023, the Court ordered a temporary stay of the case and for conferrals to take place between Slater and Gordon and Baker McKenzie to resolve the competing class actions commenced against Medibank Private.

In compliance with the Court’s orders, we agreed an approach to consolidate our two proceedings. Consolidation is not uncommon as a way to resolve competing class actions. It means that the two cases are melded together to present a unified front.

This consolidation will mean that the work Slater and Gordon has completed to build a case against Medibank Private will be consolidated into the case being conducted by Baker McKenzie. However, the terms of consolidation require that Slater and Gordon cease to act in this consolidated proceeding.

We consider that this decision is in the best interests of affected Medibank and ahm customers whose highly sensitive personal information was compromised, and in some cases, published on the internet during the data breach in October 2022.

Rather than engaging in a drawn-out multiplicity fight in the Federal Court, we have decided as a firm that, due to the seriousness of the privacy concerns alleged, it is in the best interest of group members for us to merge our proceedings with the class action Baker McKenzie is pursuing.

Am I going to be worse off?

Baker McKenzie is a large, international law firm. Baker McKenzie’s fees and costs in acting in the consolidated proceeding will be funded by two third-party litigation funders, Omni Bridgeway and Balance Legal Capital. Balance was the funder for the Slater and Gordon proceeding. Similar funding terms will be offered to those offered in the Slater and Gordon proceeding.

The consolidated class action is being funded by Omni Bridgeway on a “no win, no pay” basis in accordance with the terms of a funding agreement or terms imposed by the Court. If the class action is successfully resolved and there is a recovery of compensation, Omni Bridgeway will be entitled to reimbursement of the costs of the class action that it has funded plus a commission from the judgment or settlement amount, pursuant to the terms of the funding agreement.

There are no upfront costs involved for group members who wish to take part in the class action. Class members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to Medibank or any other respondents.

What happens next?

If you are interested in participating in the consolidated proceeding, you can contact Omni Bridgeway on the details below.

If you previously registered your interest in the class action with Slater & Gordon, you will have received a separate email from us about what you need to do next.