Victorian Junior Doctors Class Actions

Introduction – an in-principle settlement has been agreed

In the period from March 2021, Gordon Legal, on behalf of ASMOF Victoria and Victorian Doctors in Training, issued a number of class actions in the Federal Court of Australia relating to unpaid unrostered overtime. These proceedings are collectively known as the Victorian Junior Doctors Class Actions or the ‘Doctors in Training’ (Unrostered Unpaid Overtime) Class Actions.

With the benefit of a mediation before the Honourable Patricia A Bergin AO SC, the parties are pleased to have reached an in-principle agreement to resolve the proceedings for $175 million (inclusive of costs).

The agreement has been reached on a whole-of-sector basis and captures all existing and potential historical claims against one or more of the 36 Victorian Public Health Services covered by the relevant Victorian Doctors in Training enterprise agreements.

An application for approval of the in-principle settlement has been made, which has been set down for hearing on 9 September 2025 before the Honourable Justice Snaden of the Federal Court.

The settlement scheme will commence shortly following any approval by the Court. Registered group members will be contacted regarding their eligibility to participate in the Settlement Scheme after the Court determines whether to approve the settlement. If a registered group member is assessed as eligible, the Scheme Administrator will issue them with a Notice of Claim which, once completed, will enable the Scheme Administrator to determine the registered group member’s claim.

Registering to participate in the Settlement Scheme

On or around 2 May 2025 a Notice of Proposed Settlement was issued to all people identified as potential group members in the ‘Doctors in Training’ (Unrostered Unpaid Overtime) Class Actions.

This notice outlines the rights of potential group members and provides instructions on how to register.

To participate in the Settlement Scheme to recover unpaid unrostered overtime worked as a junior doctor in Victoria, group members must register their interest before 4:00pm on 1 August 2025.

I have not received a Notice of Proposed Settlement

The Notice of Proposed Settlement, along with other relevant material, was sent to the last known contact details of each identified group member.

If you are a group member, it is possible you did not receive the Notice of Proposed Settlement and other relevant materials because of a change in your contact details, or because the contact details provided by the health service was incorrect. This does not mean you are not a group member. If you believe you are a group member, you should register.

You may be a group member if you were employed at any of the health services during any of the Relevant Periods set out in Annexure A of the Notice of Proposed Settlement. A copy of the Notice of Proposed Settlement is available for download below.

If you require assistance in determining whether you are a group member, please contact Gordon Legal on 03 9603 3000 or email us at [email protected]

Court documents

Copies of the Court documents in the proceedings that have been issued are available below.

Peninsula Proceeding – ASMOF & Anor v Peninsula Health VID115/2021

Originating Application – Peninsula Health, Statement of Claim – Peninsula Health, Defence – Peninsula Health, Amended Reply – Peninsula Health, Court Orders dated 27 August 2021 – Peninsula Health, Opt Out Notice – Peninsula Health

Monash, Latrobe & Bairnsdale Proceeding – ASMOF & Anor v Monash Health, Latrobe Regional Hospital & Bairnsdale Regional Health Service VID210/2021

Amended Originating Application – Monash, Latrobe & Bairnsdale, Amended Statement of Claim – Monash, Latrobe & Bairnsdale, Defence – Monash, Latrobe & Bairnsdale, Amended Reply – Monash, Latrobe & Bairnsdale, Court Orders dated 27 August 2021 – Monash & Latrobe, Opt Out Notice – Monash & Latrobe, Court Orders dated 11 November 2022 – Bairnsdale, Opt Out Notice – Bairnsdale

Western Proceeding – ASMOF & Anor v Western Health VID419/2021

Originating Application – Western Heath, Statement of Claim – Western Heath, Defence – Western Health, Reply – Western Health, Court Orders dated 27 August 2021 – Western Health, Opt Out Notice – Western Health

Eastern and Royal Women’s Proceeding – ASMOF & Anor v Eastern Health & Anor VID611/2021

Originating Application – Eastern & Royal Women’s, Statement of Claim – Eastern & Royal Women’s, Defence – Eastern & Royal Women’s, Reply – Eastern & Royal Women’s, Court Orders dated 8 December 2021 – Eastern & Royal Women’s, Opt Out Notice – Eastern & Royal Women’s

Alfred and St Vincent’s  Proceeding – ASMOF & Anor v Alfred Health & Anor VID700/2021

Originating Application – Alfred & St Vincent’s, Statement of Claim – Alfred & St Vincent’s, Defence – Alfred & St Vincent’s, Reply – Alfred & St Vincent’s, Court Orders dated 2 February 2022 – Alfred & St Vincent’s, Opt Out Notice – Alfred & St Vincent’s

Northern Health  Proceeding – ASMOF & Anor v Northern Health & Anor VID760/2021

Originating Application – Northern, Statement of Claim – Northern, Defence – Northern Health, Reply – Northern Health, Court Orders dated 8 March 2022 – Northern, Opt Out Notice – Northern

Bendigo Health  Proceeding – ASMOF & Anor v Bendigo Health & Anor VID774/2021

Originating Application – Bendigo, Statement of Claim – Bendigo, Defence – Bendigo, Reply – Bendigo Health, Court Orders dated 8 March 2022 – Bendigo, Opt Out Notice – Bendigo