Pelvic Mesh & Tape Class Action
Frequently Asked Questions
- What are the settlements?
- What does the settlement mean for me?
- Am I eligible to participate in the Settlement Scheme?
- When will settlement payments be made?
- Who assesses the settlement payments?
- How will the Settlement Scheme work?
- Do I need to provide documents in support of my claim?
- What can I claim?
- How is the discount factor assessed?
- What can I do if I don't agree with the assessment of my claim by the Scheme Administrator?
- What can I do if I still do not agree with the assessment of my claim?
- Can I opt out of the settlement?
- Can I object to the proposed settlement?
- I Opted Out of the class action and wish to be reinstated. What do I do?
- Is the settlement a good result for Group Members?
- Are there any legal fees that I have to pay to Gordon Legal?
What are the settlements?
There are two settlements that have been approved by the Court – the proceeding against BHI and the proceeding against Soar. The primary settlement is with BHI and any reference to a settlement on this webpage refers to the BHI settlement.
In July 2022, the parties to the BHI Student Pilot Class Action agreed to settle both proceedings. This means that the matter will not proceed to trial.
In November 2022, the Honourable Justice Dixon approved the settlements in the BHI Student Pilot Class Action.
Importantly, the Court has approved the settlement on the basis that it is fair and reasonable to all Group Members.
The terms of the proposed settlement are set out in the Deed of Settlement. You can access this here
A description of the settlement is set out in the Notice of Proposed Settlement which has been approved by the Court. You can access this here.
What does the settlement mean for me?
If you are a Group Member in the Class Action and wished to participate in the Settlement Scheme, you needed to have lodged a Notice of Claim with Gordon Legal between 19 September 2022 and 21 October 2022.
Group Members who lodged a Notice of Claim with Gordon Legal will now be assessed and determined whether or not they fit the criteria of an ‘Eligible Claimant'. Only Eligible Claimants will be able to make a claim for loss and damage under the Settlement Scheme.
If you have lodged a Notice of Claim, you will receive notification informing you whether or not you have satisfied the Eligibility Criteria within 28 days of the Scheme Administrator being appointed.
Eligible Claimants will be invited to complete a questionnaire on the Claimant Hub. If you are an Eligible Claimant, you must complete the questionnaire with ninety (90) days of receiving it.
You will also need to upload any relevant documentation that may be used to substantiate your claim and attend a video interview with a representative of the Scheme Administrator where you will be asked for more information specific to your circumstances and be given the opportunity to ask any questions.
Am I eligible to participate in the Settlement Scheme?
You are eligible to participate in the Settlement Scheme (and will therefore be considered to be an Eligible Claimant under the Settlement Scheme) if the Scheme Administrator is satisfied on the balance of probability that:
- You were enrolled in the CPL Diploma between 6 December 2015 and 26 March 2020; and
- You incurred fees either as an upfront payment or as a VET FEE-HELP or a VET Student Loan; and
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You:
- did not successfully complete a CPL; or
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successfully completed a CPL in the following circumstances:
- in a longer time than was represented by BHI;
- with an additional number of flight hours than was represented by BHI; and/or
- without the ancillary qualifications it was represented by BHI that you would receive; and
- You filed a Notice of Claim within the time set out in the Settlement Scheme or in accordance with any Court approved notice issued to you.
You will receive notification informing you as to whether or not you have satisfied the Eligibility Criteria within twenty-eight (28) days of the Scheme Administrator being appointed.
Once you receive notification that you are an Eligible Claimant, you will have ninety (90) days to complete the questionnaire. If you do not complete the questionnaire within this time period, your claim will be assessed as zero.
When will settlement payments be made?
If the Court approves the Settlement Scheme, we anticipate that the settlement sum will be paid to all Eligible Claimants within 6-8 months from the date of approval, but the Deed of Settlement also provides that the settlement distribution process must be completed no later than 12 months following Court approval. The Scheme Administrator will be required to assess all claims in full before distributing any funds.
Who assesses your entitlement to a payment under the Settlement Scheme?
The Scheme Administrator will assess each Eligible Claimant's claim.
The Court has appointed Mr Andrew Grech, a Partner of Gordon Legal, as the Scheme Administrator. This means that, under Mr Grech's supervision, Gordon Legal will be assessing the claims of Eligible Claimants, sending Notices of Decision and distributing settlement payments. Given Andrew's experience and understanding of the relevant factual and legal principles that underpin the settlement, we are of the opinion that this will result in the most efficient and cost-effective scheme administration process.
How will the Settlement Scheme work?
Any Group Member who wishes to make a claim under the Settlement Scheme must have completed a Notice of Claim and submitted to Gordon Legal by no later than 5:00 pm on 21 October 2022.
The Scheme Administrator will assess each Notice of Claim against the Eligibility Criteria and will administer a questionnaire to Eligible Claimants concerning:
- the categories of loss and damage suffered by the Eligible Claimant as a result of BHI's alleged breaches;
- any information which verifies the amounts claimed (or to be assessed) under each of those categories of loss and damage;
- any corroborative evidence from another Group Member or former student of the CPL Diploma or person associated with the delivery of the CPL Diploma Course who is able and prepared to execute a statutory declaration in relation to the subject matter of the Eligible Claimant's claim; and
- any documentary evidence in relation to the Eligible Claimant's claim.
If you receive a questionnaire from the Scheme Administrator, you must complete the questionnaire and provide supporting documentation within ninety (90) days of receiving the questionnaire. If you do not, your claim may be assessed as nil. It does not matter if you have already provided this information before – every Eligible Claimant must complete the questionnaire.
Once the questionnaire has been completed, you will have an appointment, either in person or by video or telephone appointment, with a representative of the Scheme Administrator to further discuss aspects of your claim.
All of this information will be then used by the Scheme Administrator to assess your claim.
A discount factor of between 10% and 40% will be applied to each of the assessed claims to take into account the vicissitudes and risks of litigation. This is to account for the fact that litigation is inherently risky and that not all claims will be as strong as others and that by settling the class action, the parties understand that each claim may not be tested as rigorously as it would be if the claim was determined by a Court.
Once your claim has been assessed a Notice of Decision will be issued which will set out the outcome of the assessment.
Do I need to provide documents in support of my claim?
Yes. Your claim will be assessed on the evidence you have provided in support of it. Evidence may include:
- any documentary evidence referred to in the table below at question 8; or
- any corroborative evidence from a Group Member, former student of the CPL Diploma or person related to the delivery of the CPL Diploma Course who is prepared to execute a statutory declaration in relation to the subject matter of the Eligible Claimant's claim.
Where no evidence is provided, the Scheme Administrator has the discretion to reduce the value of the claim to zero, or aspects of the claim.
What can I claim?
The categories of loss and damage for which compensation may be claimed include:
| Category of loss and damages | Supporting Documents | |
|---|---|---|
| 1. | Fees paid to BHI (Withdrawn Eligible Claimants Only) |
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| 2. | VET student loan (Withdrawn Eligible Claimants Only) |
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| 3. | Fees paid to Soar (overflown hours) |
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| 4. | External flying lessons |
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| 5. | External ground theory lessons |
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| 6. | Gap fee payments |
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| 7. | Subsequent enrolments |
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| 8. | Medicals, Assessments and Tests |
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| 9. | Associated expenses (EG: Planning kits, memberships, security) |
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| 10. | Travel or Accommodation Costs |
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| 11. | Textbooks/Manuals |
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| 12. | Other Loans - Paid |
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| 13. | Other Loans – to be paid |
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| 14. | Past loss of earnings |
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| 15. | General damages (Withdrawn Eligible Claimants Only) for distress, inconvenience and/or vexation. |
|
Group Members will be categorised into one of three categories for the assessment of their claims:
- Withdrawn: a Group Member who has not graduated from the Course and who has exited, withdrawn and/or been removed from the CPL Diploma.
- Admitted: a Group Member who is enrolled in the CPL Diploma as at the date of lodging a Notice of Claim
- Passed: a Group Member who has graduated from the course, having met the complete requirements of a CPL Diploma and have had a CPL Diploma conferred to them.
Group Members who are classified as ‘withdrawn' will be able to make claims for categories 1 -15 of loss above. Group Members who are classified as ‘admitted' or ‘passed' will be able to make claims for categories 3-14 of loss above.
How is the discount factor assessed?
The Scheme Administrator will assess each claim and apply a discount between 10% and 40% to each claim on the basis of the following principles:
- The status of the Eligible Claimant as being Withdrawn, Passed or Admitted.
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Apply a discount depending on whether the Eligible Claimant provides any or both of:
- any documentary evidence in relation to those matters; or
- any corroborative evidence from a Group Member, former student of the CPL Diploma or person related to the delivery of the CPL Diploma Course who is prepared to execute a statutory declaration in relation to the subject matter of the Eligible Claimant's claim.
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The following factors must also be considered by the Scheme Administrator in deciding what discount to apply to an Eligible Claimant's claim:
- Whether the Eligible Claimant regularly attended theory classes;
- Whether the Eligible Claimant regularly attended flight training;
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Whether the Eligible Claimant obtained a flying qualification while studying at BHI and the level of qualification they achieved including:
- an RPC;
- an RPC with Navigation Endorsement;
- an RPL;
- a PPL; or
- a CPL
- If the Eligible Claimant is Withdrawn, the period of their enrolment;
- Whether the Eligible Claimant was provided with feedback on the progress of their learning;
- Whether the Eligible Claimant had continuity with their Flight Instructors;
- Whether the Eligible Claimant was given the adequate flight training in aeroplanes that had the characteristics necessary to give them the experience required to pass the flight test prescribed in the CASA CPL Licence Requirements;
- Whether the Eligible Claimant was regularly provided with pre-flight and post-flight briefings;
- Whether the Eligible Claimant's flight training sessions were regularly cancelled for reasons other than weather related operational reasons;
- Whether the Eligible Claimant was able to undertake flight training sessions with the required frequency to retain skills
- Whether BHI represented to the Eligible Claimant they would receive an RPL, PPL and CPL or an RPC, RPC with Navigational Endorsement and CPL; and
- The representations made to the Eligible Claimant by BHI about the CPL Diploma Course.
What can I do if I don't agree with the assessment of my claim by the Scheme Administrator?
If you do not agree with the assessment of your claim made by the Scheme Administrator, you may request that the Scheme Administrator reconsider its assessment.
You may submit any additional relevant information, documents or statements in the form of statutory declarations or other material ("Additional Information") as you consider relevant to the reconsideration of the assessment of your claim.
Any Additional Information must be provided to the Scheme Administrator no later than fourteen (14) days after you provide the Scheme Administrator with your request for reconsideration.
The Scheme Administrator may request that you provide such other or further evidence as it deems relevant to its reconsideration of the claim within seven (7) days of receiving your Additional Information.
If you do not provide the further information requested, the Scheme Administrator is entitled to assume that the information requested would not have been of any assistance to you in your claim.
What can I do if I still do not agree with the assessment of my claim?
If you do not agree with the decision made by the Scheme Administrator following its reconsideration of your claim you may request a review of that reconsideration by the Review Panel.
The Review Panel will be constituted from one member selected from a number of independent barrister(s) who are members of the Victorian Bar. The Review Panel will then consider and determine your claim in accordance with the Settlement Scheme.
You must apply to the Scheme Administrator to refer your claim to the Review Panel within twenty-eight (28) days of receiving your notice of reconsideration.
The decision of the Review Panel is final and binding.
Can I opt out of the settlement?
Pursuant to the Court's orders dated 16 September 2022, the deadline has passed to make an application to the Court for an extension of time by following the instructions set out in the Notice of Settlement.
Group Members who opted out of the Class Action will not be bound by the outcome of the Class Action, and will not be entitled to receive any settlement payment that might result from the proposed Settlement Scheme.
Group Members who opted out of the Class Action will be able to pursue their individual claim against BHI or Soar.
Can I object to the proposed settlement?
Pursuant to the Court's orders dated 16 September 2022, the deadline has passed to make submissions to the Court as to whether or not the proposed settlement should be approved and take effect.
I Opted Out of the class action and wish to be reinstated. What do I do?
If you have already Opted Out and wished to participate in the Settlement Scheme, you must have made an application by no later than 4.00pm on 21 October 2022.
Is the settlement a good result for Group Members?
Yes.
We believe the settlement represents a fair and reasonable outcome for Group Members. Gordon Legal and the barristers we engaged recommended to the Representative Plaintiffs that they accept the settlement, after careful consideration.
It is important to understand that in approving the settlement, the Court found that the settlement is fair and reasonable to Group Members.
In our view the Settlement Scheme represents an excellent outcome for Group Members as it provides them with a more certain outcome, more efficiently and at lower cost than any of the available alternatives. Whilst the Settlement Scheme does entail discounts being applied to the claims of individual Eligible Claimants to take into account (the strengths and weaknesses of their individual claims) we believe that those discounts are reasonable in the circumstances.
Are there any legal fees that I have to pay to Gordon Legal?
In approving the Settlement, the Court has ordered that the legal costs incurred on behalf of the Representative Plaintiffs to conduct the Class Action and for the work to be performed to implement and conduct the Settlement Scheme, as the Scheme Administrator, be deducted from the total settlement sum. The Court has approved the legal costs on the basis that they are fair, reasonable and proportionate to the outcome.
This means that there are no out-of-pocket legal expenses that Group Members will need to pay in respect of either legal costs or Scheme Administration Costs from any settlement payment they receive.
Under the approved settlement, the settlement sum payable by BHI is an amount that is inclusive of $4,623,835.14 in legal costs incurred for and on behalf of the Plaintiffs and Group Members in respect of the commencement and conduct of the Proceedings.
The Court has also ordered that the costs of the scheme administration will be capped at $3,250,000 and appointed a Costs Referee to oversee whether the costs incurred by the Scheme Administrator are reasonable and proportionate. The costs of the scheme administration will also be deducted from the Resolution Sum.