WikiLeaks Class Action Victory
February, 2012 - Melbourne, Australia
Minter Ellison's media team, led by partner Peter Bartlett, worked with a local Indonesian law firm to achieve a stunning victory in the Indonesian courts for long-standing client Fairfax Media.
The publisher of The Sydney Morning Herald, The Age, The Australian Financial Review, The Canberra Times, BRW, The Sun-Herald, and The Land was defending a class action brought on behalf of the entire population of Indonesia following publication of a WikiLeaks article. The US$1bn claim was the largest made anywhere in the world following publication of WikiLeaks material.
Judgement was handled down on 13 February 2012. In declaring the class action inadmissible, the Presiding Judge noted that there were no similarity of facts, legal bases and damages between the plaintiffs as the class representative and those of class members, that the class definition was too broad, and that the mechanism of damages distribution was vague or unclear.
Minter Ellison has been legal adviser to Fairfax since 1863. Commenting on the successful outcome, Peter Bartlett said: "Defending a litigation is always a challenge. Defending a class action, in an offshore jurisdiction, with different laws, procedures and language, added more complexity. Protecting a longstanding client where the potential payout was US$1 billion raised the bar even further. We are delighted to have assisted Fairfax achieve this very significant win."
