The NSW government's bid to have the Supreme Court dismiss a massive class action against strip searches at music festivals has failed.
Slater and Gordon and the Redfern Legal Center brought the proceedings in July last year on behalf of hundreds of festival-goers who were subject to police investigations between 2016 and 2022.
However, the NSW government sought to have the action 'declassified', arguing that revelers should be represented on an individual basis.
High Court Judge Peter Garling this week found that a class action was the best way forward.
He heard that participants from 49 music festivals were identified in the case, saying: 'There may be many hundreds, if not more than a thousand, of individuals who are potential group members.'
The NSW government's initiative to 'declassify' the class action representing festival-goers who were searched by police has failed
High Court Judge Peter Garling this week approved the action – which represents hundreds of revelers
“I am very satisfied that these representative proceedings should proceed as they are the most effective and efficient means of resolving the issues raised by the class proceedings,” Judge Garling said.
The class action by Slater and Gordon and the Redfern Legal Center will challenge the legality of the police investigations after learning that festivalgoers had engaged in acts that could amount to assault, battery and false imprisonment.
The case's lead prosecutor, Raya Meredith, was searched at Byron Bay's Splendor in the Grass in 2018.
She claims police forcibly undressed her, left her chest exposed, and forced her to remove a tampon.
No drugs were found during the 30-minute search.
Slater and Gordon associate Meg Lessing said this week's court ruling highlights why class actions are important.
The action was brought in July last year after Slater and Gordon and the Redfern Legal Center heard that festival goers had engaged in acts amounting to assault, battery and false imprisonment by NSW Police.
“Hundreds of festival goers have been subjected to searches in circumstances that, in our opinion, exceed the powers of NSW Police,” she said.
'These have often taken place under egregious circumstances, such as searches of minors, or young women being made to undress in the presence of male police officers, or where the search was observable to other festival goers.
“Given the widespread use by NSW Police of strip searches, it is high time that the court is asked to consider the legality and exercise of this power.
“We are preparing to test these issues in the class action trial, which is expected to occur in early to mid-2025 and last several weeks.”
The NSW government was ordered to pay the costs of its failed application to have the case 'declassified'.
It was argued that there were not enough common issues among the hundreds of revelers to warrant a class action lawsuit.
However, Judge Garling found that there were 'a significant number of common questions of fact and law' that the class members shared.
Samantha Lee, lead police lawyer at Redfern Legal Centre, said the class action aims to provide justice for the alleged victims and prevent unnecessary strip searches in the future.
The case's lead prosecutor, Raya Meredith, was forcibly pulled out by officers at a music festival in 2018, even though she had no drugs on her
“Strip searches are invasive, harmful and have a long-lasting impact on those who are victims of such a humiliating search,” she said.
'We know that young people are searched disproportionately. We work with many clients who are deeply traumatized by strip searches.
“These searches have become routine practice among NSW Police.
'We hope that this class action will achieve justice for those unlawfully searched, and lead to changes in the law to ensure that searches only take place in circumstances of the utmost seriousness and where there is a real urgency to stop the business of to make a search necessary.'