HOME INSULATION PROGRAM CLASS ACTION

Class Action against the Commonwealth of Australia in relation to the Cancellation of the Home Insulation Program


A class action has been commenced against the Commonwealth of Australia (Commonwealth) in the Supreme Court of Victoria by Roo-Roofing Pty Ltd & Matsuh Pty Ltd, as representative parties on behalf of all of the following persons who either:

1.    are persons (owners) who:

       a.    owned or partly owned a business directly or indirectly in their capacity as one or more of a shareholder or unitholder, or as a beneficial owner, of shares or units or who guaranteed some of all of the debts and obligations of such businesses being an installer business, manufacturer business and/or supplier business that installed, manufactured and/or supplied insulation in a home or homes in Australia:
                   i.    between sometime after 3 February 2009 and before 19 February 2010; and
                   ii.    pursuant to the terms of the Homeowners Insulation Program (which was renamed the Home Insulation Program around 2 September 2009) (HIP);
       b.    operated a business that installed, manufactured or supplied products for retrofit installation in a home or homes in Australia between sometime after 3 February 2009 and before 19 February 2010; and
       c.    suffered loss as a result of the early termination of the HIP; and
       d.    remain or become legally entitled to commence and maintain a claim against the Commonwealth in respect of that loss; and

 

2.    are installers, manufacturers or suppliers who:
       a.    operated a business that installed, manufactured or supplied products for retrofit installation in a home or homes in Australia between sometime after 3 February 2009 and before 19 February 2010; and
       b.    being either:
               i.    pre-existing installers, manufacturers or suppliers who operated such a business prior to 3 February 2009; or
               ii.    new installers, manufacturers or suppliers who operated a business after 3 February 2009; 
       c.    suffered loss as a result of the early termination of the HIP; and
       d.    remain or become legally entitled to commence and maintain a claim against the Commonwealth in respect of that loss. 

 

Such persons are defined as group members.

The Plaintiffs’ Amended Statement of Claim can be viewed, downloaded and printed here

The Defendant’s Defence can be viewed, downloaded and printed here

The Supreme Court of Victoria has ordered that a notice be published for the information of persons who might be group members and thus may be affected by the action.
 
This notice can be viewed, downloaded and printed here

If you are a group member you should read this notice carefully.  Any questions you have concerning the matters contained in this notice should not be directed to the Court.  If there is anything in it that you do not understand, you should seek legal advice.

This notice is part of a court-ordered process to assist the parties to attempt to resolve this proceeding by settlement. In order to do that, the parties need to know how many group members would participate in any settlement of the proceeding, and the potential value of their claims.

Class members wishing to participate in any potential settlement of the proceeding must register their claims by 4.00 pm on 25 August 2017. If you do not register, you may lose any rights you have to compensation. You can commence the process of registering your claim by completing the form below. We will then contact you to let you know what additional information you will need to provide to us to complete your registration for the Home Insulation Program class action.
 


Name *
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If you prefer, you may commence the registration process by calling us on (02) 9216 9898.

If you are not sure whether you are a group member or you have any other questions about the Home Insulation Program class action or the Court’s notice please email us at info@acalawyers.com.au or call us on (02) 9216 9898.


Relevant documents
 
Home Insulation Program class closure notice
Home Insulation Program opt out notice
Plaintiffs Further Amended Statement of Claim
Defendant’s Defence