You are a group member of this class action, and may be eligible to receive compensation from any successful outcome if:
- you have a business that, as 1 July 2020, supplied goods or services to the general public (for example, pub, café, retail, professional services etc) from one or more premises physically located within Victoria; and
the ability of your business to supply those goods or services from its Victorian premises was adversely affected by any of the following lock down restrictions:
- the 'stage 3' restrictions that were put in place in certain postcodes of Melbourne from 2 July 2020;
- the 'stage 3' restrictions that were put in place in Melbourne and Mitchell Shire from 9 July 2020;
- the 'stage 4' restrictions that were put in place in Melbourne from 2 August 2020, including the workplace closures that come into effect from 6 August 2020; and/or
- the regional 'stage 3' restrictions that were put in place in Victoria, outside of Melbourne, from 6 August 2020; and
- your business suffered economic loss as a result of one of those closures.
If you are unsure whether you are a group member of this class action / are eligible to receive compensation through this class action, you may contact Quinn Emanuel by email, HQclassaction@quinnemanuel.com; or phone, (02) 9146 3500. You will not be charged for any such enquiries.
Quinn Emanuel, a global litigation law firm, commenced the claim on behalf of the plaintiff and group members. Quinn Emanuel globally has won USD $70 Billion+ for plaintiffs.
Damian Scattini, the partner responsible for this matter, has 30 years' commercial litigation experience, and is one of the leading corporate plaintiff and class action lawyers in Australia.
Yes, you are eligible even if your business has received Job Keeper payments and/or any Government grants. Those payments will simply be taken into account in calculating the amount of your losses.
You are also eligible even if your business has never received a Job Keeper payment and/or is not eligible for any Government grants.
A class action is a legal proceeding commenced by a 'lead' or 'representative' plaintiff against one or more defendants, seeking to obtain a legal remedy such as compensation. The lead plaintiff, in this case 5 Districts NY (a restaurant/bar business), brings the claim on their own behalf of all and on behalf of other claimants who have claims against the defendant(s) arising from similar or related circumstances. Claimants in a the class action are known as 'group members'.
In a class action, the lead plaintiff's claim is used to resolve legal and factual issues that are common to group members' claims. This allows those common issues to be considered and resolved once in a way that will apply to the claims of all group members affected by that issue, rather than needing to be determined individually for each group member.
To find out if you are a group member in the Hotel Quarantine Class Action, please see FAQ #1 above.
The Hotel Quarantine Class Action is being run on a 'no win, no fee' fee basis. Registering your details will not expose you to any out of pocket costs, even if the legal proceedings are unsuccessful. Quinn Emanuel's legal costs will only be recoverable if there is a successful outcome reached in the class action, either by way of settlement, or judgment award.
In the event that there is not a successful outcome in this class action, group members cannot be pursued for costs by the defendants as the Supreme Court Act prohibits orders for costs against group members.
The Hotel Quarantine Class Action seeks compensation for loss suffered by businesses alleged to have been caused by negligence in relation to the hotel quarantine program in Victoria. The case seeks compensation from the State of Victoria, which is the first defendant to the proceeding. The other defendants to the proceeding are:
- the Minister for Health and Minister for the Coordination of Health and Human Services: COVID 19;
- the Minister for the Coordination of Jobs, Precincts and Regions: COVID 19;
- the Secretary of Department of Health and Human Services; and
- the Secretary of the Department of Jobs, Precincts and Regions.
The case alleges that these Ministers and Secretaries were negligent in their actions and/or failures to act concerning the hotel quarantine program. The case also alleges that the State of Victoria is vicariously liable for the negligence of the Ministers and Secretaries referred to above.
The plaintiff is the representative for the class and will provide instructions to Quinn Emanuel regarding the conduct of the case and may give evidence during the proceeding. In hearing the plaintiff's case, the Court will be asked to make findings in relation to questions of fact and/or law that are common to group members. In this case the plaintiff is 5 Boroughs NY Pty Ltd (ACN 632 508 304) (known as “5 Districts NY”, a restaurant and bar in Keilor Park, Victoria).
5 Districts NY is located in one of the postcodes that was affected by the first round of second-wave lockdowns in July 2020, and it closed its dine-in operations from 2 July 2020 as a result of the lockdown. It has also experienced a dramatic decrease in the number of customers using its takeaway services, as a result of the stage 3 and 4 lockdowns.
For further information about the Hotel Quarantine Class Action, group members may contact Quinn Emanuel by email, HQclassaction@quinnemanuel.com; or phone, (02) 9146 3500. Group members will not be charged for any such enquiries.
No - your business can participate in the class action if it has suffered any economic loss as a result of the above lockdowns (this may include a reduction in its sales, or your business may have closed down some or all of its operations completely).