Australia's Federal Court clears ADF sexual harrassment class action to proceed

23 September 2026

The Federal Court’s decision in MAN25 v Commonwealth of Australia [2026] FCA 1349 provides important guidance on when allegations of systemic workplace discrimination and harassment can proceed as a representative action.

The Court allowed a class action brought by four former Australian Defence Force members to continue, rejecting challenges to the class action threshold and the Court’s jurisdiction following the Australian Human Rights Commission complaints process. The substantive allegations have not yet been determined.

The decision is important for employers because it confirms that differing individual incidents may be aggregated into an institutional systems case where there are sufficient common features, including a single employer, common policies and a shared chain of accountability. It also indicates that broadly framed representative complaints to the Australian Human Rights Commission may subsequently form the basis of a Federal Court class action.

Our briefing considers the judgment’s implications for class action risk, workplace governance and the management of discrimination and harassment complaints.

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