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OPT OUT AND REGISTRATION NOTICE

20/5/2024


OPT OUT AND REGISTRATION NOTICE

HOTEL QUARANTINE (BUSINESS LOSSES) CLASS ACTION

5 Boroughs NY Pty Ltd v State of Victoria & Ors (S ECI 2020 03402)

THIS NOTICE IS VERY IMPORTANT AND IS ISSUED PURSUANT TO AN ORDER OF THE SUPREME COURT OF VICTORIA – PLEASE READ IT CAREFULLY

What is the hotel quarantine (business losses) class action about?

The class action seeks compensation for retail businesses as a result of the “second-wave” lockdowns that occurred in Victoria from July to October 2020. The Plaintiff alleges that the lockdowns were a result of negligence in the hotel quarantine program.

Are you a class member?

You are a class member if you meet all 3 of the following criteria:

a. 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

b. members of the public acquired those goods or services by attending the physical premises of the business; and

c. 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/202308/5%20Boroughs%20ASOC.pdf .

Class action deadline

The Court has made orders that:

1. Any person who wishes to make a claim in any settlement of the hotel quarantine class action reached between the Plaintiff and the Defendants at the mediation in November 2024 for loss suffered as a result of the Defendants’ conduct must complete a registration form by 4:00pm AEST on 8 July 2024. (A copy of the registration form is available to complete online at https://intake.sedgwick.com/u/QE/QEQualifying ); and

2. Any person who does not wish to participate in the class action must opt out of the class action by 4:00pm AEST on 8 July 2024.

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.

If you have previously registered your interest in the claim with the Plaintiff’s solicitors (Quinn Emanuel) by completing the registration form on their website, you do not need to do so again, but you may be contacted by a representative of Quinn Emanuel to ensure that you have provided all the information that is necessary in order to become a Registered Group Member.

More information

If you believe you may be a class member, it is important that you read the further information available at https://hotelquarantineclassaction.com.au/ as soon as possible as it may affect your legal rights.

Melbourne 3004