This article about class action for buildings affected by unsafe cladding has been provided by Gavin Beardsell, IMF Bentham Limited and Bill Petrovski, William Roberts Lawyers.
PE Core Cladding is a popular, aesthetic, external cover for buildings and it has been widely used in residential and commercial buildings throughout Australia.
PE Core Cladding is highly combustible and unsafe. In Melbourne, the ‘Lacrosse’ tower suffered a potentially fatal fire after its combustible cladding caught fire in 2014. In London, cladding on the ‘Grenfell’ tower caught fire in 2017, resulting in loss of lives and property.
Building Owners of buildings with unsafe cladding need to take action
Buildings covered in PE Core Cladding may need to have the cladding removed and replaced with a safer alternative or undertake other fire suppression measures (eg additional sprinkler systems… etc). These could be expensive undertakings for Owners Corporations and potentially require relocation of occupants.
Governments across Australia are restricting cladding use, identifying affected buildings and ordering the removal of cladding. This is an ongoing process, and property owners remain responsible for implementing cladding remedies on existing buildings. For strata schemes, this means Owners Corporations need to take action. Failing to act could leave Owners Corporations liable.
What can affected lot owners do?
We intend to commence an Australia-wide Class Action on behalf of building owners to recover compensation for the cost of rectifying PE Core Cladding and other associated costs with the rectification (whether incurred or not). The Class Action will be led by William Roberts Lawyers and backed by Australia’s leading litigation funder, IMF Bentham.
The class action is open to affected property owners with PE Core Cladding on their building. You do not need to have already incurred costs in relation to the Cladding or have received rectification orders from any government authority in order to participate in the class action and be entitled to recover compensation.
IMF proposes funding the legal and other costs to pursue the Class Action, essentially on a no win no fee basis.
Registering your interest in the Class Action
Registration is confidential and comes with no obligations to participate in the Class Action.
Unsure if your building is affected by unsafe cladding?
If you are unsure whether your building is covered in unsafe cladding, expert advice is available. Once an owner of a potentially affected building has joined the Class Action and agreed to retain William Roberts, William Roberts will arrange an inspection by building experts, funded by IMF Bentham and at no cost to owners unless the Class Action resolves successfully.
This post appears in Strata News #220.
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