In March 2021, Mr Idris Hassan and Ms Hawa Warsame (the plaintiffs) commenced a class action against the State of Victoria to challenge the ‘lockdown’ of people in nine public housing towers in North Melbourne and Flemington between 4 July and 18 July 2020.
The plaintiffs and the State of Victoria have agreed to resolve this class action so that money is paid to eligible Group Members of the class action. This is called a settlement. The settlement will only take effect if it is approved by the Supreme Court.
Who can participate in the proposed settlement
Class action Group Members include residents or people staying at below locations between Saturday 4 July and Thursday 9 July 2020:
- 9 Pampas Street, North Melbourne
- 159 Melrose Street, North Melbourne
- 76 Canning Street, North Melbourne
- 12 Sutton Street, North Melbourne
- 120 Racecourse Road, Flemington
- 126 Racecourse Road, Flemington
- 130 Racecourse Road, Flemington
- 12 Holland Court, Flemington
In addition, Group Members also include residents or those staying between Saturday 4 July and Saturday 18 July 2020 at:
- 33 Alfred Street, North Melbourne.
Further information about the proposed settlement is available in the Notice of Proposed Settlement, which sets out the options available to Group Members to participate in, opt out or object to the proposed settlement.
See Notice of Proposed Settlement in your language.
If the proposed settlement is approved by the Supreme Court, Annexure A - Settlement Distribution Scheme, sets out how the settlement scheme will operate, including how the settlement sum will be distributed.
Options available to Group Members
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Group Members must register to participate in the proposed settlement if they want to receive financial compensation in relation to the Proceeding.
To register to participate in the proposed settlement, you must complete and submit a “Notice of Claim” form by 27 June 2023.
Complete and submit the Notice of Claim form online
If you have any issues using the online notice of claim form, please contact covid-19-towers@health.vic.gov.au.
Or, download and complete the Notice of Claim form and return it to the Administrator by:
- Email to: COVID-19-Towers@health.vic.gov.au
- Post to:
COVID-19 Towers
50 Lonsdale Street
Melbourne VIC 3000; or - Delivery to:
COVID-19 Towers
50 Lonsdale Street
Melbourne VIC 3000
Notice of Claim formNotice of Claim form -
You may stop being a Group Members by choosing to 'opt out'. If you opt out, you will not be eligible to receive any financial compensation and will not be bound by the proposed settlement.
The deadline previously set by the Court to opt out of the Proceeding was 1 July 2022. However, the Court has power to allow member/s to opt out even though the opt out deadline has passed. If you would like the Court to consider allowing you to opt out, you must complete and submit the form titled “Notice of Application to Extend Time to Opt Out by a Group Member” by 15 June 2023. The Supreme Court has recently ordered that the time to submit the form titled “Notice of Application to Extend Time to Opt Out by a Group Member” be extended from 29 May 2023 to 15 June 2023.
Notice of Application to Extend Time to Opt Out by a Group MemberNotice of Application to Extend Time to Opt Out by a Group MemberSee Notice of Application to Extend Time to Opt Out by a Group Member in your language.
Reinstate if opted out already (Notice of Reinstatement)
If you have already opted out and wish to be reinstated as a Group Member, the Court has the power to reinstate you as a Group Member. To have your request for reinstatement considered by the Court, you must complete a "Notice of Reinstatement of Group Member" form by 15 June 2023. The Supreme Court has recently ordered that the time to submit the form titled “Notice of Reinstatement of Group Member” be extended from 29 May 2023 to 15 June 2023.
Notice of Reinstatement of Group MemberNotice of Reinstatement of Group MemberSee Notice of Reinstatement of Group Member in your language.
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Group Members are entitled to make a submission to the Court that you agree or disagree that the Court should approve the settlement. If you think the Court should not approve the proposed settlement, you may submit an objection by completing a "Notice of Objection to Proposed Settlement”.
Notice of Objection to Proposed SettlementNotice of Objection to Proposed SettlementSee Notice of Objection to Proposed Settlement in your language.
Any Notice of Objection must be submitted to the Court by 15 June 2023. Any further evidence or written submissions to support an objection must be delivered to the Court by 20 June 2023. The Supreme Court has recently ordered that the time to submit any Notice of Objection be extended from 29 May 2023 to 15 June 2023 and that the time to deliver evidence or written submissions to the Court to support an objection be extended from 13 June 2023 to 20 June 2023.
The Court will consider all Notices of Objection completed on time by Group Members when it considers approval of the proposed settlement at the hearing on 24 July 2023.
Group Members may object to the proposed settlement even if they have registered to participate in the proposed settlement. However, Group Members cannot object to the proposed settlement if they have opted out from the proposed settlement.
Group Members may be contacted to provide further information to assess eligibility. The proposed settlement will only take effect if it is approved by the Supreme Court.
If you are not sure whether you are a Group Member or want further information, you should contact Clemens Haskin Legal on (03) 9988 5035 or email info@clemenshaskin.com or seek your own legal advice.
Copies of the Notice of Proposed Settlement and other notices are also available at the Estate Towers Offices at:
North Melbourne Housing Office
33 Alfred Street, North Melbourne
(03) 9326 6377
Ascot Vale Housing Office
12 Churchill Ave, Ascot Vale
(03) 9371 6200
What to do if you're a Group Member but haven't received a notice
You can download the notice from this page or obtain copies of the Notice of Proposed Settlement and other notices from the Estate Towers Offices.
Translated versions of the notices
Notice of Proposed Settlement
Settlement Distribution Scheme
Notice of Claim form
Notice of Application to Extend Time to Opt Out by a Group Member
Notice of Reinstatement of Group Member
Notice of Objection to Proposed Settlement
Reviewed 01 June 2023