The Hotel Quarantine (Business Losses) Class Action group released a notice yesterday detailing a legal proceeding in the Supreme Court of Victoria seeking compensation for retail businesses affected by the “second-wave” lockdowns that occurred in Victoria from July to October 2020. The group alleges that these lockdowns were allegedly a result of negligence in the hotel quarantine program. If your business suffered losses due to these restrictions, you may be part of the group represented in the class action. Examples of eligible businesses include restaurants, bars, and retail shops.
Here are the key details:
1. Class Member Criteria – You are a class member if you meet all 3 of the following criteria:
- as at 1 July 2020 you operated a retail business that supplied goods or services to the public from physical premises located in Victoria; and
- members of the public acquired those goods or services by attending the physical premises of the business; and
- as a result of the stage 3 and stage 4 restrictions in place in Melbourne and parts of regional Victoria between July and October 2020, your business was required to shut or operate at a reduced capacity and/or members of the public were restricted or prohibited from visiting your business premises and this caused your business to suffer financial losses.
The full class member definition appears at paragraph 1 of the Plaintiff’s Amended Statement of Claim, a copy of which is available at https://www.supremecourt.vic.gov.au/sites/default/files/2023-08/5%20Boroughs%20ASOC.pdf.
2. Claim Registration and Opt-Out:
- If you wish to participate in any settlement reached during the court-ordered mediation in November 2024, you must register your claim with the solicitors for the Plaintiff by 4:00 pm AEST on July 8, 2024.
- Alternatively, if you do not want to be part of the class action, you can opt out by providing an opt-out notice by the same deadline.
3. Mediation:
- The class action will undergo a court-ordered mediation in November 2024.
- Mediation aims to reach an agreement on the outcome of the action, subject to court approval.
If you do nothing in response to this notice (i.e. if you do not register by the deadline or if you do not opt out of the class action), and the case settles at the November 2024 mediation, you will NOT be entitled to be paid any compensation from this class action, even if you would otherwise have had an eligible claim. You will, however, be bound by the settlement (despite not being eligible to participate in the settlement), including any terms releasing the Defendants in respect of matters related or similar to the claims the subject of the class action.
For more information, please refer to the official notice here https://business.vic.gov.au/news-and-updates/2024/hotel-quarantine-business-losses-class-action.
