The Sign Up Process

Group Members are eligible to sign a funding agreement with Omni Bridgeway.

You are a Group Member if you:

1. received an Offer Letter from Corestaff in or about 2011 and 2012;
2. received a Termination Letter from Corestaff on or after 23 November 2012; and
3. are alleged to have suffered loss and damage as a result of the conduct of Corestaff pleaded in the Statement of Claim.

(Defined terms have the same meaning as in the Statement of Claim, available on request)

The Funding Agreement should be completed by the individual who was employed by Corestaff NT Pty Ltd.

To sign up online you will not need to refer to any documentation.

The class action is being run on a no win - no pay basis, with all costs fully underwritten by Omni Bridgeway and the Lawyers. If you sign a funding agreement with Omni Bridgeway, you will not have to pay any fees unless the claims are successfully resolved. Omni Bridgeway will pay the other side's legal costs if the class action is unsuccessful.

The Lawyers are Levitt Robinson Solicitors.

Omni Bridgeway's Funding Agreement is subject to a 21-day cooling off period and Levitt Robinson’s Costs Agreement is subject to a 5 business day cooling off period, during which time you may terminate the agreement by following the notice requirements set out in the agreements. You may use this cooling off period to obtain separate legal advice about the agreements you have entered into if you wish to do so.

The Omni Bridgeway portal is a client portal whereby you can log in and see details of the Omni Bridgeway funded claims you have signed up to participate in. You can update your contact details and access information that is related to your claims.

No. The claim has been filed on an ‘open class’ basis. This means that all persons who are Group Members are ‘included’ in the class action, irrespective of whether or not they have signed a Funding Agreement. However, for the reasons set out below, you are invited to sign a Funding Agreement.

First, the initial trial in a class action will usually only determine the Representative’s claim and the common issues.  Issues specific to your individual claims, such as whether you suffered loss and the value of the loss, will not be determined in the initial trial.  It may be that further steps will then need to be taken in order to pursue your individual damages.  This could include a court hearing at which your individual damages are determined.  By signing a Funding Agreement, you will secure Omni Bridgeway’s funding at the agreed commission rates that cover not only the initial trial in the class action, but also any additional steps that may be needed to advance your individual claims.  You will also be protected from any adverse costs orders that may be made against you in taking these additional steps.   
 
Second, by signing a Funding Agreement and retaining the Lawyers you will be kept apprised of developments in the class action, be able to ask questions of Omni Bridgeway and the Lawyers as a client.  

Third, as the claim has been filed on an ‘open’ basis the Representative may ask the Court for a ‘common fund’ order. A common fund order is an order made by the Court requiring all group members to contribute to the costs of funding the proceeding on a fair basis, including those who have not signed a Funding Agreement. If the Court is minded to make a common fund order in this case, Omni Bridgeway intends to submit that the funding rate that the Court should apply to the unfunded group members be the same as the rate in the Funding Agreement.  The Court will set a rate (which may be different to the rate in the Funding Agreement) that will apply consistently to all group members. Under the Funding Agreement, where the Court makes a common fund order and sets a rate which is different to the rate in the Funding Agreement, the lower of the rate provided in the Funding Agreement and the rate set by the Court will apply to members of the group who have signed a Funding Agreement.  In these circumstances, you will not be financially worse off for having signed a Funding Agreement with Omni Bridgeway. 

Fourth, if the Court is not minded to make a common fund order, then Omni Bridgeway’s continued funding of the claim will be conditional upon a sufficient number of group members signing a Funding Agreement.  The more group members who sign the Funding Agreement now, the higher the degree of certainty Omni Bridgeway will have as to whether there will a sufficient number to make the class action viable should a common fund order not be made. 
  
In addition, if the Court is not minded to make a common fund order, the Court may make a “funding equalisation order” in relation to the distribution of any settlement sum.  The effect of a funding equalisation order is to equalise the recovery that funded and unfunded group members receive in the hand, taking into account the fact that funded group members will be required to pay a commission to Omni Bridgeway. As far as we are aware, a funding equalisation order has been made upon request in all previous ‘open’ class actions that have included a combination of funded and unfunded group members, including several cases that were funded by Omni Bridgeway.  A funding equalisation order would mean that unfunded group members are left in essentially the same position as if they had signed a Funding Agreement.   

Finally, by signing a Funding Agreement with Omni Bridgeway you are also demonstrating support for the Omni Bridgeway-funded proceedings over any other competing proceedings.  We believe this class action will be an effective vehicle for Group Members to pursue their claims. Competing proceedings may mean legal and other costs to shareholders are higher than they need to be and may complicate any settlement discussions.  

As of 23 November 2018, we are not aware of any competing proposals for class actions against Corestaff. Nonetheless, by signing the Funding Agreement, you are agreeing that you will opt-out of other similar proceedings (as per clause 8.1.6 of the Funding Agreement).

You can email the Omni Bridgeway Client Liaison Team on [email protected] and request more information or free call 1800 016 464.