How to claim compensation and damages

The judgment awarded compensation and damages in favour of David Moore, the lead plaintiff in the proceedings. However, the Court did not determine the amount of damages for any other passengers. The next important step is to present to the court the evidence and submissions to enable the court to determine the damages to which you and the other class members are entitled.

To engage Somerville Legal (“the lawyers”) to claim compensation and damages on your behalf, you are requested to agree to:

The agreements are summarised below. However, this is only a short summary, and you should read each of the documents. You should also obtain independent legal advice on the documents. You will be asked to confirm either that you have obtained independent legal advice, or that you have decided not to do so.

The retainer agreement

This is the agreement under which you engage the lawyers to represent you in the class action.

  • All of the costs, barristers’ fees and other disbursements are paid by the litigation funder
  • You authorise the lawyers to receive the proceeds of the case, pay the litigation funder the money to which it is entitled and pay the balance to you
  • You must provide the lawyers with all assistance they may reasonably require, and you must deal with the solicitors honestly
  • You are entitled to be kept informed of the progress of the claim

The funding agreement

This is the agreement under which Legal Justice Pty Ltd (“the funder”) agrees to pay all the costs the class action.

  • The funder will pay all of the lawyers’ fees, and all barristers’ fees and other disbursements.
  • In the unlikely event that you are ordered to pay costs of the defendant, the funder will also paid these.
  • Out of the proceeds of the claim, whether from a court judgment or settlement the funder will receive
    • reimbursement of the fees it has paid and
    • 33 percent of the proceeds of the claim.

The disclosure document

This is a document required by the Legal Profession Uniform Law and includes

  • how the lawyers’ fees are calculated
  • the clients’ rights in respect of the lawyers’ fees

The total of legal costs, including barristers fees up to 30 June 2020 are equal to about $1,590 per person, on the basis of about 1200 claimants sharing the cost. Further costs to finalise the matter are estimated at betwen $150 per claimant, assuming that Scenic does not make further attempts to appeal.

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