The Sign Up Process

This Scheme relates to an open class action (the Class Action) against Camden Council, Cornish Group Spring Farm Pty Ltd, SMEC Testing Services Pty Ltd (in Liquidation) and SMECTS Holdings Pty Ltd (collectively, the Defendants).

The class action seeks compensation for persons who own or owned land in Spring Farm (group members), as follows:

1. in the Cornish Masterplan Area and where that person acquired the land after 31 December 2010; or
2. in the Spring Farm Area and where that person owned the land as at 1 January 2018 or acquired the land after 1 January 2018; or
3. are the legal representatives of the estates of any person who would be a Group Member but for their death after the date of their death,
   
   and who claim to have suffered damage to property or economic loss as a result of the conduct of the Defendants as alleged in the Class Action.
   

You are invited to complete and return the Application Form. You may do so even if you are unsure whether you are a group member. Further information in relation to the eligibility criteria can be found in section 3 of the PDS.

To sign up online you will be asked to provide the name of the person/s or entity that is the registered owner of the property (as per the certificate of title). If the property is jointly owned, you will also be required to provide the email address of the additional owner so that they can be sent a copy of the PDS for their consideration. 

All the Project Costs of running the Class Action will be met by Omni Bridgeway. Omni Bridgeway will pay the Lawyers’ fees (less the At Risk Fees), the costs of any investigators, any expert witnesses or other consultants necessary to bring the claim. Omni Bridgeway will also post security for costs, or finance the Lawyers to post security for costs, if that is required. You will not have to pay any of these costs. You will not have to pay anything to acquire your interest in the Scheme. Further information in relation to costs can be found in section 13 of the PDS.

If you apply to become a member of the Scheme and you are a ‘retail client’ for the purposes of the Corporations Act, you have a 21 day cooling-off period to determine whether participation in the Scheme and the funding arrangements with the Funder meets your needs.  Please note however that the cooling-off period does not apply to ‘wholesale clients’. If the cooling-off period is applicable to you and, during the 21-day cooling-off period, you decide that the funding does not meet your needs, you may withdraw your application by notifying us in writing at [email protected]. Further information in relation to the cooling-off terms (including further information relating to the distinction between retail and wholesale clients) can be found in section 17 of the PDS. 

The Omni Bridgeway portal is a client portal whereby you can log in and see details of the Omni Bridgeway funded claims you have signed up for. You can update your contact details and access information that is related to your claims. 

You have no obligation to apply to participate in the Class Action. Members of the class who do not positively apply to become a member of the Scheme will be treated as “Passive Members” of the Scheme. Passive Members should note that in the event that the proceedings are successful and a Resolution Sum (as that term is defined in the PDS) is received, they may have their share of any Resolution Sum deemed by Court order as being contributed to, and distributed according to the Constitution of, the Scheme. That is, it is possible that the Passive Member’s share of the Resolution Sum will still be treated as part of the Scheme. If you would like to return an application form, we encourage you to do so as soon as possible.

You can email the Omni Bridgeway Client Liaison Team on [email protected]  and request more information or free call 1800 016 464.