A group proceeding (class action) on behalf of business owners who suffered economic loss as a result of the Stage 3 and/or Stage 4 restrictions imposed in Melbourne and regional Victoria in response to the ‘second wave’ coronavirus (COVID-19) outbreak.
On 5 June 2026, the Court approved a Notice regarding the proposed amendment to the group member definition 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.
Notice of Proposed Amendment to the Group Member Definition
Orders of Justice Watson made on 5 June 2026
Summons (Group Member Definition Application)
Affidavit of Damian Scattini in support of summons
If you do not want to object to the proposed amendment, you do not need to do anything in response to the Notice.
Any group member who wishes to object to the proposed amendment must, by no later than 4:00pm (AEST) on 10 July 2026:
- file written submissions of no more than 5 pages together with any affidavit material on which you wish to rely (objection materials) by sending the objection materials to the Supreme Court via email at pbivqoypynffnpgvba@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@noitcassalclbdivoc .
Please note the hearing on 27 July 2026 is not for the purposes of hearing the application to approve the proposed settlement. It is only for the purposes of considering whether to approve the plaintiff’s application to amend the group member definition.
Amended Defence filed by the Defendants on 3 September 2025
Updated Class Action Summary Statement filed on 13 August 2025
Amended Statement of Claim filed on 25 July 2025
Costs Orders of the Honourable Justice Keogh dated 2 January 2025
Orders of the Honourable Justice Keogh dated 26 March 2024
Orders made by the Honourable Justice Watson on 2 February 2026 permitted the late opt out of certain group members.
Please note that the Annexures to the orders have not been published to protect the private information of group members.
Please note that the deadline for opting out has now passed.
If you are, or you think that you may be a group member, you should read the Notice (a copy of which is below) carefully before taking any further step.
The Notice contains important information about your rights to:
(1) register your interest in the proceeding; or
(2) opt out of the proceeding.
In summary, if you fall within the definition of a group member:
- Option 1: You must register your interest in accordance with the Notice by 4:00pm AEST on Monday, 8 July 2024 to be eligible to receive compensation if there is a settlement between the parties at the mediation.
- Option 2: You will remain a group member unless you take steps to opt out by 4:00pm AEST on Monday, 8 July 2024. For further information about opting out, please refer to paragraphs 17 - 23 in the Notice below.
The definition of a “group member” is set out in the Notice.
Ruling of the Honourable Justice Keogh dated 23 February 2024
Orders of the Honourable Justice Keogh dated 21 February 2024
Fuling of the Honourable Justice Keogh dated 21 February 2024
Order of the Honourable Justice Keogh dated 12 February 2024
Group Costs Order made by the Honourable Justice Keogh dated 23 November 2023
Judgment of the Honourable Justice John Dixon dated 3 February 2023
Ruling of the Honourable Justice John Dixon dated 26 August 2022