Australian Combustible Cladding Class Actions

IMPORTANT NOTICES APPROVED BY THE FEDERAL COURT OF AUSTRALIA

Vitrabond 2020 Audio-Visual Notice

Alucobond 2020 Audio-Visual Notice

FAQs

1.What is a class action?

A class action is a special type of court case. A class action is an action that is brought by one person (known as the ‘applicant’) on his or her own behalf and on behalf of a class of people (known as ‘group members’) against another person (known as the ‘respondent’), where the applicant and the group members have similar claims against the respondent.

In a class action, the applicant’s claims are used to resolve as many factual and legal issues common to the group members’ claims as possible. While the group members are represented by the applicant, it is not necessary that every class member has exactly the same type of claim.

Class actions enable large groups of people to vindicate their legal rights without the burden or cost of commencing an individual case for each affected person. The class action process saves time and expense and allows the courts to decide issues common to all affected persons in a single case.

2.Is there a registration deadline for the Alucobond Class Action?

On 12 December 2022, the Court ordered that a Notice be distributed for the information of persons who may be members of the class on whose behalf the Alucobond Cladding Class Action has been brought and who may be affected by the action.

The Court has set a deadline of 4.00pm AEST on 16 February 2023 for Class Members to respond to the Notice (the Further Registration Date).

Registration is not mandatory. However, there is a possibility that if you have not opted out and do not register by the Further Registration Date you may not be permitted to seek any benefit from any settlement of the class action and may be unable to bring any further claims against 3A Composites and Halifax Vogel Group in relation to the issues raised in the class action.

Please refer to the Notice. If you do not have a copy of the Notice, it is available for download under Notices above.

3. Will I be liable to pay costs if I remain a Class Member?

Class members are not and will not be liable for any “out of pocket” legal costs by remaining in this class action. The costs of running it are being borne in the first instance by Omni Bridgeway and William Roberts Lawyers, to be distributed upon the resolution of the proceedings.

Further information in relation to the Australian Combustible Cladding Class Actions

Omni Bridgeway (formerly IMF Bentham) and William Roberts Lawyers are working together to investigate and bring viable claims for compensation, on behalf of persons and entities with proprietary interests in buildings in Australia, on which there is installed certain types of aluminium composite panel cladding with a combustible core comprised wholly or substantially of polyethylene (PE). These persons and entities are the owners, owners corporations and leaseholders of buildings affected by PE core cladding.

To learn more about the Combustible Cladding Class Actions, please listen to our podcast here.

The Current Class Actions

Alucobond Products

This first court proceeding (Alucobond Combustible Cladding Class Action) is a product liability claim and a claim for false or misleading representations and misleading conduct against 3A Composites GmbH and Halifax Vogel Group Pty Limited (Respondents). The Respondents are the manufacturers of Alucobond PE core cladding products. If you have a building with Alucobond PE core cladding products, such as those marketed under the names Alucobond PE and Alucobond Plus, you are encouraged to register.

On 12 December 2022, the Federal Court of Australia made orders for an important notice to be provided to class members in the Alucobond Combustible Cladding Class Action. This Court approved notice can be found above and here.

Vitrabond Products

The second court proceeding (Vitrabond Combustible Cladding Class Action) is a product liability claim and a claim for false or misleading representations and misleading conduct against Fairview Architectural Pty Limited (Fairview). Fairview is the manufacturer of Vitrabond PE core cladding products. If you have a building with Vitrabond PE core cladding products, such as those marketed under the names Vitrabond PE or Vitrabond FR (or believe that you may have), you are encouraged to register.

On 25 May 2020, the Federal Court of Australia made orders for an important notice to be provided to class members in the Vitrabond Combustible Cladding Class Action. This Court approved notice can be found above and here.

Other possible class actions

We are continuing to investigate possible class actions against other manufacturers in relation to other PE core cladding products.

The current class actions will not necessarily be restricted to buildings with Alucobond PE and Vitrabond PE Core cladding products. Accordingly, if you have a building with PE core cladding that is not Alucobond or Vitrabond branded, you are also encouraged to register your interest, obligation free by contacting the Omni Bridgeway Client Liaison Team by telephone on 1800 016 464 or email at [email protected]. Our Client Liaison Team can then get in contact with you should our class actions expand to cover other manufacturers.

Please note that merely registering your interest in any possible future combustible cladding class actions is not binding in any way and does not constitute acceptance into a contract. If you have any questions, you can contact the Omni Bridgeway Client Liaison Team on the details above.

It is not proposed that any entities other than certain manufacturers of PE core cladding be sued in the current class actions or any future class action.

Compensation to be recovered

The main compensation to be sought for affected persons and entities is the amount that represents the cost of replacing the PE core cladding with suitable cladding or other material, together with all associated costs. Other losses that may be claimed include, but are not limited to, the cost to make the building fire safe where the cladding can remain on the building and the loss suffered from a devaluation of the affected property.

To participate in one or the other of the current class actions, it is not necessary for any rectification costs to have been actually incurred in relation to the PE core cladding on the building.

Background

PE core cladding is often used for the purposes of aesthetics to act as a cover for part or all of the external walls of a building. The principal issue with the use of PE core cladding on buildings is that the polyethylene core is highly combustible.

The safety risk associated with the use of PE core cladding in buildings, especially multi-storey buildings is now well known. A number of fires around the world have drawn attention to this issue. Two such devastating examples are the Lacrosse building fire in Melbourne on 25 November 2014, and more recently and poignantly the Grenfell Tower fire in London on 14 June 2017.

How to participate in the Alucobond PE and Plus Cladding Class Action

Please see the court approved notice for details, which can be found here. To sign up as a Registered Unrepresented Class Member, please click here.

How to participate in the Vitrabond PE and FR Combustible Cladding Class Action

Please see the court approved notice for details, which can be found here. To sign up as a Registered Unrepresented Class Member, please click here.

How to participate in either of the Combustible Cladding Class Actions if you do not know the type of cladding on your property

We appreciate that you may not know all the information about the cladding on your building at this stage. If you believe your property may have Alucobond PE core cladding products or Vitrabond PE core cladding products, but are unsure, we encourage you to register here. There is no out of pocket cost or liability incurred by you even if it turns out that your building is not fitted with the cladding type required to make a claim in any of the class actions.

The law firm which is conducting the prosecution of the current class actions, William Roberts Lawyers will assess whether or not your building may be eligible to participate in one or the other of the current class actions or any possible future class action.

General Strata enquiries

Owners Corporations and individual owners in New South Wales can also obtain more general assistance on other strata issues from the Owners Corporation Network. OCN is the independent voice of strata owners and a network of ‘owners helping owners’ with experience in strata living.