A win for claimants in Alucobond cladding class action
The claimants in the ‘Alucobond’ cladding class action had a significant victory in court last week. The claimants, which include the bodies corporate of residential apartment buildings plus local councils, are bringing the product liability class action against the manufacturers of ‘Alucobond’ PE core cladding products, being the German company, 3A Composites GmbH and the Australian company, Halifax Vogel Group Pty Ltd. The action has been brought in the Federal Court of Australia under consumer protection laws.
The court rejected the German manufacturer’s submissions that the proceeding should no longer continue as a class action or, in the alternative, the number of persons who are entitled to participate in the action should be limited. The court decision enables all affected building owners and Owners Corporations nationwide to continue their claims for compensation in the class action concerning Alucobond PE and Plus cladding affixed to their buildings.
The Alucobond cladding class action, which commenced in February 2019, is funded by Omni Bridgeway and the claimants are represented by William Roberts Lawyers. Omni Bridgeway is also funding a class action against the manufacturer of ‘Vitrabond’ PE core cladding products, Fairview Architectural Pty Ltd.
Omni Bridgeway Investment Manager, Gavin Beardsell, said: "This is a major win for the claimants and means they can continue to pursue compensation from the manufacturers. We are delighted with the Federal Court’s decision”.
In addition to the product liability claims against the manufacturers, both class actions include claims for false or misleading representations and misleading conduct with respect to Alucobond PE core cladding and Vitrabond PE core cladding.
Owners of properties in Australia affected by combustible cladding
Owners of properties in Australia who believe their buildings may be affected by combustible cladding should continue to register their interest in the Australian class actions. For more information visit imf.com.au/cases/register/combustible-cladding-class-action-overview.