Registered Group Members
As advised in the notice which all Group Members should have received, Group Members who have previously registered with Maurice Blackburn to participate in the ABL Class Action need not do anything at the present time. Such Group Members will be entitled to participate in the proposed settlement of the ABL Class Action in the event that it is approved by the Court (and provided they otherwise qualify), and specifically need not, and should not, re-register with Maurice Blackburn (as the existing registration remains valid).
Registered Group Members may, however, object to the proposed settlement (or any aspect of it), should they wish to do so, by following the steps set out below (under the sub-heading ‘Option C – Object to the Proposed Settlement’ below).
Unregistered Group Members
Group Members who have not previously registered with Maurice Blackburn to participate in the ABL Class Action may do the following three things:
- Option A: Register to participate in the Proposed Settlement of the ABL Class Action.
- Option B: Do nothing.
- Option C: Group Members may (in addition to Option A or Option B) object to the proposed settlement of the ABL Class Action.
There are different consequences depending on which option you choose.
Option A – Register to Participate
Group Members who wish to receive a distribution from the proposed settlement of the ABL Class Action must register their claim by no later than 17 January 2022 by completing and submitting the online registration form.
If the proposed settlement is approved by the Court, any Group Member who registers their claim by 17 January 2022 and who provides sufficient information to enable Maurice Blackburn to verify that they are a Group Member (i.e., that they satisfy the criteria set out above under the heading ‘Are you a group member in the ABL Class Action?’), may be entitled to receive a distribution from the Settlement Sum. The precise amount of that distribution (if any) is presently uncertain, for the reasons set out above under the heading ‘The Proposed Settlement’ (any such distributions will be calculated in accordance with the Scheme and the LAF as approved by the Court).
There is no cost to register your claim. Your registration must be completed and received by Maurice Blackburn before 17 January 2022. Registrations received after that time will not be accepted, and you will be treated as having not validly registered (see Option B below).
Option B – Do Nothing
Group Members who do nothing (i.e., do not register before the deadline of 17 January 2022 will remain Group Members for all purposes, but will not, unless the Court determines otherwise, be entitled to receive a distribution from the proposed settlement of the ABL Class Action.
Therefore, if the Court approves the proposed settlement, Group Members who do nothing will be bound by the settlement (and therefore not able to pursue the same or similar claims against ABL in the future) but will not be entitled to receive a distribution from the Settlement Sum.
Option C – Object to the Proposed Settlement
If you are a Group Member you have the right, if you wish, to make submissions as to why the Court should, or should not, approve the proposed settlement (or any particular aspect of it). If you wish to exercise that right, you must complete the Notice of Objection to Proposed Settlement form below, and email it to:
1. the Federal Court (firstname.lastname@example.org); and
2. Maurice Blackburn (ABL@mauriceblackburn.com.au),
by no later than 17 January 2022.
Any Group Member who objects in this way may also (but is not obliged to) appear before the Court at the hearing of the application to approve the proposed settlement at 10:15am on 4 March 2022 at the Federal Court in Melbourne.
You may make such submissions irrespective of whether or not you have registered to participate in the ABL Class Action.
Any objections received by the Court will be considered by the Court, along with all of the other evidence and submissions filed by the parties, in determining whether or not to approve the proposed settlement.
Former Group Members
As advised in the notice which all Group Members should have received, Group Members who submitted an opt out form prior to the Court-imposed deadline of 11:59PM (AEST) on 8 September 2021 need not do anything further. By choosing to opt out of the ABL Class Action, such persons are no longer Group Members in the class action, and will not be affected by the class action or the proposed settlement referred to above.