Group proceeding (class action) brought on behalf of students enrolled to study a Diploma of Aviation (Commercial Pilot Licence - Aeroplane) at Box Hill Institute between 6 December 2015 and 26 March 2020.
The plaintiffs allege that the course did not provide the requisite knowledge or training to pass the exam to obtain a commercial pilot licence.The plaintiffs claim against the defendant for, among other things, breach of contract, negligence and breach of guarantees under the consumer law.
Please see the documents provided below for further information.
Orders of the Honourable Justice John Dixon made on 29 November 2022 in the Box Hill Institute Student Pilot Group Proceeding (Class Action) (Somers v Box Hill Institute (S ECI 2020 01535))
On 16 September 2022, the Court approved a Notice of Proposed Settlement to be sent to group members. Group members should read the notice carefully as the matters set out in the notice may affect their legal rights.
The notice requires that group members who wish to partake in the proposed settlement, if approved by the Court, must provide a notice of claim by 21 October 2022.
The notice provides an opportunity for group members to apply to the Court to reinstate group members who have previously opted out of the proceeding, or to permit group members to opt out late, at the Court's discretion.
The notice also requires that any group member who wishes to object to the settlement must provide a notice of objection to proposed settlement by 21 October 2022.
Box Hill Institute Pilot Group Proceeding (Class Action) Opt-out Notice
At the Court's request, the plaintiff filed the below Class Action Summary Statement on 21 May 2020. It provides an overview of some relevant information for group members.
The attached document contains the writ and statement of claim in the Box Hill Institute Student Pilot Class Action.
The plaintiffs, Somers & Ors, filed the document in the Supreme Court of Victoria on 26 March 2020. The document initiated a class action against the Box Hill Institute on behalf of students who studied commercial pilot courses at the Institute.