Quinn Emanuel has filed a class action in the Federal Court of Australia on behalf of current and former residents of Arcare Pty Ltd, one of the largest providers of residential aged care in Australia.
What is the class action about?
The class action concerns Arcare’s “Signature Package” — a bundle of “additional” services that Arcare required residents to accept as a condition of entry to its facilities, charged at a daily fee.
The Applicant alleges that Arcare’s Signature Package was unlawful under, among other things, the Aged Care Act 1997 (Cth) and that Arcare was already legally required to provide residents with many of the services included in the Signature Package — meaning residents were charged for services that they had already paid for.
Who does this affect?
This class action is open to current and former Arcare residents, as well as the estates of deceased residents, who resided at [one of Arcare’s facilities] during the period [x] and were charged Signature Package fees. If you meet this definition, you are a group member of the Arcare Aged Care Class Action.
What are we seeking?
The class action seeks to recover the additional fees paid by affected residents for the Signature Package during the period [x].
Register your interest
To register your interest in the class action, please complete the form below.
Registration is cost-free.Key Dates
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[Date]The class action was filed.
Key Documents
FAQs
[NB: To be reviewed following settling of pleading and confirmation of other Arcare corporate entities]
What is a class action?
A class action, also called a representative proceeding, is a special type of Court case in which one person, or a very small group of people, bring a claim on behalf of a much larger group of people (the Group Members) who have similar claims because they have all been affected in a similar way by conduct of the same party or parties. In a class action, one or a small number of persons, known as the “representative parties”, bring the case on behalf of all group members.
Who can participate in the class action?
If you or your loved one have been a resident in an Arcare aged care home at any time during the period from [x] to [x] (inclusive) and you (or they) were charged a fee for the Signature Package (Claim Period), you (or they) may be eligible to participate as a group member in this class action.
Where someone who resided in an Arcare aged care home has since passed away, that person’s estate may be eligible to participate in the claim. This claim has been issued on an “open class” basis. This means if you are eligible, you will automatically be included as a Group Member in this class action, unless you choose to opt out at a later stage. However, taking the step of registering your claim will help to ensure you are kept up to date with the class action as it progresses. You can register for this class action by clicking the ‘Register Now’ button below. You do not need to do anything else at this stage.
Can I register on behalf of someone else?
Yes, you can register on behalf of someone else. When you register, you will have the option to select whether you are registering for yourself or for someone else, as well as an option to provide the details of another person. If the class action reaches the state where individual loss is assessed, we may take steps to ensure you are a duly authorised agent or have power of attorney of the group member you have registered for (see below).
I am the executor of the estate of a deceased Group Member. Can I participate in the class action on their behalf?
Yes. The executor of the estate of a deceased Group Member may register to participate in the class action.
I am the administrator of a deceased Group Member. Can I participate in the class action on their behalf?
Yes. The administrator of a deceased Group Member may register to participate in the class action on behalf of the estate.
I am the appointed attorney under a power of attorney of a Group Member. Can I register to participate in the class action on their behalf?
Yes. An appointed attorney under a power of attorney of a Group Member may register to participate in the class action on behalf of a Group Member.
I no longer live in an Arcare facility. Am I a Group Member?
Yes, if you resided at an Arcare facility during the Claim Period and paid for the Signature Package as part of your Arcare fees, then you are a Group Member.
How do I register?
To register your participation in the Arcare Aged Care Class Action, please click the “Register Now” button. The only information we require at this stage is your [name, email, phone number, capacity (i.e. whether you are registering on behalf of yourself, or someone else), the Arcare facility you, or the person you are registering on behalf of, resided, and the period in which you (or the individual) resided at that facility].
What if I don’t want to participate in this class action?
Group Members can cease to participate in a class action by taking steps to opt out of the class action. This is called the ‘opt out’ process and will occur at a later stage in the proceeding. Group Members who have opted out of a class action will not be bound by its outcome. There is nothing you need to do at the moment if you do not wish to participate in this class action. Group Members will be contacted at a later date in relation to opt out. If you do wish to participate in this class action, there is nothing you need to do at this stage other than registering your interest.
I want to change the details I gave when I registered. How can I update my records?
Please send an email to arcareclassaction@quinnemanuel.com detailing the required changes to your registration information. Please ensure the name of the Group Member is included in the subject line of the email.
I need to register multiple claims on behalf of several claimants. What should I do?
If you are authorised to act on behalf of more than one Group Member, please complete and submit each Group Member’s details separately.
Does it cost anything to register and to participate in the Arcare Class Action?
There are no out of pocket costs to participate in this class action. This proceeding is supported by a third-party litigation funder, CASL. This means that you will not have to pay any money out of your own pocket for legal fees or related expenses and you will not be responsible for paying any costs if the class action is unsuccessful. If the class action is successful and financial compensation is recovered from Arcare, legal costs and a funding commission for the litigation funder will be deducted from the amount of compensation recovered for group members. These costs will never exceed the amount of compensation to which you may otherwise become entitled and will be assessed by the Court to ensure they are fair and reasonable.
Who is funding the claim?
CASL is providing litigation funding for the class action against Arcare.
CASL is made up of one of the most experienced litigation finance teams in Australia. You can read more about CASL here.
Will I be entitled to compensation, and if so how much?
It is too early to answer this question. If the class action results in a judgment against Arcare, your entitlement to compensation will be determined by the Court. If the class action is settled, your entitlement will be determined as part of the settlement.
Who is Quinn Emanuel?
Quinn Emanuel Urquhart & Sullivan LLP is one of the world’s leading litigation law firms and is headquartered in the United States. Its Sydney office has successfully run a number of major class actions in Australia, including the Hotel Quarantine (Business Losses) Class Action; Medibank Shareholder Class Action and the Takata Airbags Class Actions.
My question hasn’t been answered, can I speak to a lawyer?
If you have a question that has not been answered, you can email us at arcareclassaction@quinnemanuel.com.