The case, lodged at the Federal Court in Sydney on Friday, covers incidents that allegedly occurred between November 2003 and May 2025. The action is being pursued on an opt-out basis, meaning all women who served during this 21-year period are automatically included unless they formally declare they were not affected.
Lawyer Josh Aylward of the legal firm JGA Saddler, which is representing the plaintiffs, said the case exposes a disturbing culture within Australia’s defence institutions.
“For many women in the ADF, the greatest threat to their safety hasn’t been the battlefield—it’s been sexual violence in their workplace,” Aylward said in a statement.
“Australians will be shocked by the accounts of rape, harassment, and victimisation—and even more by the retaliation faced by women who dared to speak out.”
Thousands of women are expected to join the lawsuit, which accuses the Defence Department of being vicariously liable for failing to protect female personnel from sexual abuse and misconduct.
Government Responds
In a statement, the Department of Defence confirmed it was aware of the complaint, reaffirming its zero-tolerance stance toward misconduct.
“All Defence personnel have a right to be respected and deserve a positive workplace experience,” a spokesperson said. “There is no place for sexual violence or misconduct in Defence. We acknowledge there is still work to be done.”
The Australian government said it was already prioritising the implementation of recommendations from a 2024 inquiry into defence and veteran suicide, which included measures to address sexual violence within the military. It added that a comprehensive sexual misconduct prevention strategy is currently being developed.
Survivor Accounts
One of the four lead applicants described waking up after an on-base party naked, bruised, and in pain, later being told she had left the event with four servicemen. According to her legal team, she underwent a sexual assault examination in a storage room, after which her movements were restricted—while the alleged perpetrators remained free.
The woman was later barred from using shared facilities, reportedly received abusive messages from colleagues, and was eventually transferred to another base.
The class action argues that despite repeated inquiries and promises of cultural reform, the Defence Force has failed to create a safe and equitable environment for women.
“This legal action is a demand for accountability, for justice, and for real change,” Aylward said.
Background
The ADF has faced multiple scandals over the years relating to sexual misconduct, hazing, and gender-based discrimination. A series of official reviews have called for deep cultural reform, yet advocacy groups say little progress has been made.
Legal experts say the outcome of this class action could set a major precedent for institutional accountability within Australia’s military and public service sectors.