Earlier this year, The Supreme Court of Victoria ordered a class action on behalf of Victorian businesses in connection to losses accrued as a result of pandemic closures.
For those who operated businesses out of Victoria during the second wave lockdowns, which occurred between July 2020 and October 2020, such individuals may be eligible to participate in the Hotel Quarantine (Business Losses) Class Action (5 Boroughs NY Pty Ltd v State of Victoria & Ors (S ECI 2020 03402)).
According to a government-recognised website set up to detail the class action, “registration is open to Victorian retail businesses that were unable to provide (or were limited in their ability to supply) goods or services from their place of business to the public because of the second-wave lockdowns.”
Salons that were in operation during the 112-day lockdown period may be entitled to “recoup some losses incurred by your business resulting from disrupted operations.” Eligibility for registration applies both to businesses that continue to be in operation, or have since ceased operation.
“The class action alleges that operational failures in the Victorian hotel quarantine program caused the second wave lockdowns in Victoria, which resulted in significant economic loss for retail businesses who had to close or significantly reduce operations as a result of these lockdowns. The class action seeks to return those economic losses to retail businesses in Victoria.”
According to the Business Victoria website, an individual/business owner is considered a class member if they meet all 3 of the following criteria:
- “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
- members of the public acquired those goods or services by attending the physical premises of the business; and
- 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 this link.
Those eligible and willing to register their claim must do so with Quinn Emanuel by 4pm AEST on July 8 2024. For those that opt out, or do not register by the July 8 deadline, “you will not be eligible to receive any compensation achieved by way of settlement at the mediation,” the court has ordered.
Court ordered mediation is set to run in November 2024.
For more information, visit the Business Victoria website here.
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