❓ A WA parliamentary question seeks information on the costs, stage, and risk assessment related to the Children in Care Class Action, which commenced in November 2024. The Attorney General's response indicates the action is in early stages, making cost and liability assessment difficult, with $1.9 million in legal costs incurred to date.
AnsweredQoN 569Legislative Council
QuestionView source ↗
I refer to page 433 of Budget Paper No. 2, Volume 2, under the line-item "Spending Changes – Children in Care Class Action", and to statements made in the LA Estimates Committee that this action commenced in November 2024 and may involve up to 30,000 individuals, and I ask: (a) what is the anticipated total cost to the State of managing this class action across the forward estimates; (b) at what stage is this class action currently; (c) how much has this class action cost to date; and (d) has any risk assessment been undertaken in relation to the potential liability of the State arising from this class action?
AnswerView source ↗
Answered
14 October 2025
Responded by
Parliamentary Secretary to the Attorney General
Response time
4 days
(a – d)
The Children in Care Class Action is at a relatively early stage. The State has filed its defence and provided discovery of initial tranches of documents. Pleadings are yet to be finalised, and discovery is not complete.
It is therefore difficult to determine the expected cost of managing the Class Action or undertake reliable assessment of the State's potential liability.
As at mid-September 2025, the State has incurred legal costs of approximately $1.9 million since the Class Action commenced in Federal Court.
The Children in Care Class Action is at a relatively early stage. The State has filed its defence and provided discovery of initial tranches of documents. Pleadings are yet to be finalised, and discovery is not complete.
It is therefore difficult to determine the expected cost of managing the Class Action or undertake reliable assessment of the State's potential liability.
As at mid-September 2025, the State has incurred legal costs of approximately $1.9 million since the Class Action commenced in Federal Court.
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