What is ‘Opt Out’?
The Lead Plaintiffs in a class action do not need to seek the consent of Group Members to commence a class action on their behalf or to identify a specific Group Member. Group Members are determined and identified according to the definition of a “Group Member” as defined in the statement of claim.
However, any individual who meets the definition of a Group Member can cease to be a Group Member by opting out of the class action. An explanation of how class members are able to opt out is found below in the section headed “How can you opt out of the class action?”.
What will happen if you choose to remain a Group Member?
Unless you opt out, you will be bound by any settlement or judgment of the class action. If the class action is successful you will be entitled to share in the benefit of any order, judgment or settlement in favour of the Lead Plaintiffs and Group Members, although you may have to satisfy certain conditions before your entitlement arises.
If the class action is unsuccessful or is not as successful as you might have wished, you will not be able pursue the same claims and may not be able to pursue related claims against one or both of the Defendants in other legal proceedings.
How can you opt out of the class action?
If you do not wish to remain a Group Member you must opt out of the class action. If you opt out you will not be bound by or entitled to share in the benefit of any order, judgment or settlement in the class action, but you will be at liberty to bring your own claim against the Defendants, provided that you issue Court proceedings within the time limit applicable to your claim.
If you wish to bring your own claim against the Defendants, you should seek your own legal advice without delay about your claim and the applicable time limit prior to opting out.
If you wish to opt out of the class action you must do so by completing the three steps below:
(i) completing a “Notice of Opting Out by Group Member” in the form linked below (Form 135 of the Court’s approved forms); and,
(ii) filing it in registry of the Supreme Court of Queensland located at QEII Courts of Law Complex, 415 George Street, Brisbane Qld 4000; and
(iii) serving a copy of the filed version of the Lead Plaintiffs via their legal representatives: Sibley Lawyers via email [email protected] or in person/via post to Sibley Lawyers, Level 10, 95 North Quay, Brisbane Qld 4000.
IMPORTANT: the “Notice of Opting Out by Group Member” must be filed and served by no later than 4.00pm on 18 September 2026, otherwise it will not be effective.
You should complete, file and serve a “Notice of Opting Out by Group Member” in the form linked below (Form 135 of the Court’s approved forms) if:
(i) you qualify as a Group Member and you wish to opt out of the class action; or
(ii) you believe that you have been incorrectly identified as a Group Member, because you do not meet the criteria set out in the section headed “Are you a Group Member?” above.
Each Group Member seeking to opt out should fill out, file and serve a separate form.
Click here to download the form.
NB: Sibley Lawyers is not responsible for completing this form for you, or filing the form in the Registry. You must do this yourself if you are opting out.
Where can you obtain copies of relevant documents?
Copies of relevant documents, including the claim, the statement of claim, and the defence and reply, may be obtained by:
(a) contacting the legal representatives of the Lead Plaintiffs and Group Members by contacting Sibley Lawyers at [email protected]
(b) inspecting them between 9am and 5pm at one of the offices of the legal representatives of the Lead Plaintiffs and Group Members, contact details for which are available from www.sibleylawyers.com.au or by calling (07) 3180 0120;
(c) by contacting the Registry of the Supreme Court of Queensland (contact details are available at www.courts.qld.gov.au/courts/supreme-court/supreme-court-registry) and paying the appropriate fee.
Please consider the above matters carefully. If there is anything of which you are unsure, you should contact the legal representatives of the Lead Plaintiffs and Group Members by contacting Sibley Lawyers via the following email [email protected] or seek your own legal advice.
You should not delay in making your decision.
