William Roberts Lawyers and Omni Bridgeway Limited (formerly known as IMF Bentham) have brought proceedings, 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.
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 cladding products. If you have a building with Alucobond PE cladding products, such as those marketed under the names Alucobond PE and Alucobond Plus (or believe that you may have), you can obtain details concerning your rights and how to participate in the class action by viewing the Court approved notices below.
Livestream of Court Hearing
The initial trial of this matter commences on Monday, 26 August 2024 from 09:30 (AEST) before the Federal Court of Australia. This trial is being livestreamed and can be viewed here:
Important Notice concerning class members’ rights approved by the Federal Court of Australia .
The Federal Court of Australia made orders for the publication of important notices to be provided to class members. (which are available via the below links)
1. Notice to class members ordered 30 October 2020
2. Notice to class members to register in the class action prior to mediation ordered 12 December 2022
A Court approved Video notice based on the 30 October 2020 notice can be viewed below:
Important documents
Vitrabond Products
Important Notice concerning class members’ rights – approved by the Federal Court of Australia – Cladding (Vitrabond) Class Action
The Federal Court of Australia has made orders for the publication of important notices to class members (which are available for download via the below links):
1) notice to class members ordered 14 July 2021. This notice concerns the mediation scheduled to be conducted between the parties on 14 and 15 December 2021 with the Hon. Peter Jacobson QC;
2)notice to class members ordered 23 December 2020; and
3) notice to class members order 25 May 2020
A Court approved Video notice can be viewed below:
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 cladding products, such as those marketed under the names Vitrabond PE or Vitrabond FR (or believe that you may have) you can obtain details concerning your rights and how to participate in the class action by viewing the Court approved notice above.
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 action initiative will not necessarily be restricted to buildings with Alucobond PE cladding products or Vitrabond PE cladding products. Accordingly, if you have a building with PE core cladding that is not Alucobond or Vitrabond, you are also encouraged to register your interest – obligation free (see How to Participate in the Class Actions below).
After you register and provide requisite details, we will assess whether or not your building may be eligible to participate in the current class action or any possible future class action.
It is not proposed that any entities other than certain manufacturers of PE core cladding be sued in the current class action 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, increases in insurance premiums caused by the cladding, the costs of building safety assessments, and the loss suffered from devaluation of the affected property.
To participate in the 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.
How to participate in the Alucobond Combustible Cladding Class Action
Please see the Court approved Notice for Details
How to participate in the Vitrabond Combustible Cladding Class Action
Please see the Court approved Notice for Details
How to participate in any other future Combustible Cladding Class Action
You may register your interest here.
Important note – No obligations by registration
Merely registering your interest through this website and that of Omni Bridgeway 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 by email on claddingau@omnibridgeway.com or free call 1800 016 464.
