What is a class action?
A class action is a legal claim brought by a group (class) of claimants against a particular defendant or group of defendants for the same or similar subject matter. A advantage of bringing a claim as a class action is that legal fees and costs can be split between individual claimants and resources can be pooled together or a litigation funder can fund a class action.
How long will the class action take?
Complex class actions such as the one proposed can take around 3-5 years or longer, depending on a number of variables. If the matter is able to be settled before trial, this will save some time and costs.
How much will I need to pay?
The proposed class action may be self-funded meaning each claimant will be responsible for a proportion of the group’s collective legal costs. If the claim is unsuccessful, you may also need to pay a portion of the defendants’ costs.
The other option is a litigation-funded action where a litigation funder will fund the proceedings in exchange for a success fee of usually 30-40% of any amount awarded by the Court in addition to being repaid the amount spent on legal and other costs.
What is the likelihood of success?
At this stage, we are seeking no-obligation registrations of interest in order to assess the strength and scale of the claim we are proposing.
What do I get if the action is successful?
We intend to claim for a sum of damages in the amount that would be required to reclad affected buildings with non-combustible materials. This amount will likely differ between individual claimants and buildings.
Can I register if I don’t know what type of cladding is used in my building?
Yes, we encourage all building owners concerned with the safety of their buildings to register their interest.
What if there are no issues with my building?
It is not necessary to have suffered tangible loss such as a fire to register for the proposed class action.
Who is bringing the claim?
The proposed claim will be brought by McLean Law Limited and lead by its director, Callum McLean. Callum has many years of litigation experience and particular knowledge in the construction and building dispute areas.
What happens after I register?
We will assess the information you have provided and be in contact with you. At a later stage, you may be invited to formally join the class action as a claimant.