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Frequently Asked Questions

Frequently Asked Questions


Overview

What is a class action?

A class action is a proceeding brought by a single Applicant on their own behalf and on behalf of a class of people against a respondent where the Applicant and class members have similar claims against the respondent.

Class members are “bound” by the outcome in the class action unless they have opted out of the proceeding. This can happen in two ways, either a judgment following a trial, or a settlement at any time.

If there is a judgment or a settlement of a class action, class members will not be able pursue the same claim separately and may not be able to pursue similar or related claims against the respondent in other legal proceedings.

Who are the respondents in this class action?

The two respondents are Queensland’s largest electricity generators, Stanwell Corporation Limited and CS Energy Limited.

Eligibility

Am I eligible to join the class action?

You are eligible to participate in the class action if you paid for electricity in Queensland during the period from 20 January 2015 to 20 January 2021.

Is this class action only limited to Queensland consumers?

Yes, only Queensland electricity consumers are eligible to join the class action.

Can I join on behalf of a small business I own?

Yes, so long as the business was based in Queensland during the relevant period from 20 January 2015 to 20 January 2021, you can register your business to participate in the class action.

If I paid for electricity in Queensland, despite living interstate/abroad at the time, can I participate in this class action?

Yes, if you paid for electricity in Queensland for a property or business during the relevant period then you are eligible to participate, despite living interstate or abroad.

I used to live in Queensland during the relevant period but have since moved interstate/ abroad, can I participate in this class action?

Yes, you can participate. This class action is designed to address past misconduct by Queensland’s State-owned electricity generators. If you paid for electricity in Queensland during the relevant period, then you are eligible to participate.

What do I need to do to express interest in joining the class action?

If you wish to join the class action you need to register and agree to the LCM funding agreement (part of registration process) by using the link provided below.

Link to registration portal

What information do you require from me? What will you do with this information?

We require your contact details, the name of your electricity provider and your account number with that electricity provider during the period from 20 January 2015 to 20 January 2021 to support your claim. This information will only be used to make a claim on your behalf and will be stored in a secure system to ensure your privacy is protected.

Will joining the class action take up a lot of my time?

Once you have registered and agreed to the funding agreement you must provide us with your electricity provider details (ie. account number). This will enable us to make a claim on your behalf. Once this is completed, it is unlikely that you will need to spend any additional time on the matter.

Can I change my mind and decide not to participate?

Yes, class members will have an opportunity to opt-out when the Court orders an “opt-out” notice be published to all class members. You can elect to change your mind and decide not to participate at this time.

How long will it take to resolve the class action?

We estimate any legal proceedings will take between one to five years from the date we file the claim with the Court.

No cost

Will it cost me anything to join the class action?

No.

How much might I recover?

This will depend on the amount recovered from the respondents (Stanwell and CS Energy), the funding costs and the legal costs incurred in pursuing the action, as well as the cost of your electricity bills paid during the claim period.

Will I need to pay any of the costs of the legal claim?

No – class members in a class action are not individually responsible for the legal costs associated with bringing the class action. Only the Applicant is responsible for the costs.

In these proceedings, LCM* has agreed to fund the entirety of the action, meaning it assumes the financial risk of bringing the claim in exchange for a share of any amount recovered. LCM will bear all costs if the litigation is unsuccessful.

* LCM is an Australian based litigation funder and a subsidiary of the public company, Litigation Capital Management Limited

Do I need to repay the Funder for the costs it incurs for this class action?

LCM will be reimbursed the costs it has incurred in pursuing the class action only if the action is successful. This payment will be deducted from the amount recovered before any distributions are made to class members.

Any deduction will be capped at the recovered amount to ensure members can participate in the class action free of any risk of having to pay from their own pocket.

Will I owe money to the funder?

No – LCM can only recover costs it incurs from money recovered from the respondents.

Will I have to pay anything if the claim is unsuccessful?

No – class members cannot be responsible for any costs incurred by the respondents if the claim is unsuccessful. LCM has agreed to indemnify the representative party against any adverse costs.

The Team

Who is Piper Alderman?

Piper Alderman is a premier national law firm. Piper Alderman’s expertise has been built on nearly two centuries of industry experience. Piper Alderman has been a leading advisor to Australian commercial interests for more than 175 years. The firm has more than 70 partners and close to 350 staff in offices in Sydney, Brisbane, Melbourne and Adelaide. Piper Alderman has extensive experience in running large-scale, complex commercial and class action litigation. A link to their website is here: www.piperalderman.com.au

Who is LCM?

LCM is one of the world’s first litigation funders, enabling the pursuit and recovery of funds from legal claims through litigation funding (also known as litigation finance). LCM assists their clients to recover significant claims that, without litigation funding, would not have been pursued due to the cost and risks associated with litigation. A link to their website is here: www.lcmfinance.com

What will LCM receive?

Apart from repayment of the litigation costs, LCM will receive a share of any amount recovered. This is referred to as the success fee in the litigation funding and the amount will be subject to approval from the court.

What will Piper Alderman receive?

Piper Alderman is not entitled to a share of any amount that might be recovered and will be paid only their standard rates based on the time spent by their lawyers working on the class action.

LCM is liable to pay Piper Alderman’s fees irrespective of the outcome of the case.

Who do I contact if I still have queries and will this cost me anything?