If you’re part of Gordon Legal’s Robodebt Class Action lawsuit against the Commonwealth of Australia, you’ve probably recently received a notice in your MyGov account – and chances are you’ve got questions.
De-mystifying that Robodebt notice you just received
What’s the notice about?
The Commonwealth has been ordered by the Court to send Group Members a “Notice of Proposed Settlement” by 25 January 2021.
Most Group Members will have received the Notice in their MyGov inbox.
A settlement is an agreement reached between parties outside of Court. The settlement must be approved by the Court in order for it to proceed. This proposed settlement has not yet been approved by the Court.
The Court will hear the Robodebt Class Action settlement approval application on 6-7 May 2021.
Essentially, the notice you have received explains the proposed settlement, as agreed by both parties of the Robodebt Class Action, and outlines the steps in the settlement process.
Importantly, the notice also explains the process that Group Members, which includes all people who have received this settlement notice, can follow if they wish to object to the proposed settlement.
What do I need to do now?
If you do not want to object to the proposed settlement, there is nothing further that you need to do at this stage. You will remain a member of the Class Action and, if the settlement is approved, Services Australia will soon contact you about:
- your eligibility for a settlement payment (if any);
- the amount of payment you’ll receive;
- information about what to do if you don’t agree with Services Australia’s decision on your eligibility for a settlement payment.
Even if you don’t want to object to the proposed settlement, you should get legal advice now to best understand the legal consequences and likely outcomes of doing so.
If you do want to object to the proposed settlement, you should get legal advice now to best understand the legal consequences and likely outcomes of objecting.
This legal advice can’t be provided to you by Gordon Legal as they are representing those who accept the settlement.
If you decide to object to the proposed settlement, the next step will be to ask the Court not to approve the settlement.
To do this, you must send a completed copy of the Notice of Objection (which is attached to the letter you received through your MyGov account) to the Victoria Registry of the Federal Court of Australia.
The court must receive this by 5 March 2021. If you object by 5 March 2021, you have until 19 March 2021 to file documents supporting your objection. You don’t have to file supporting documents if you don’t want to.
If you have any questions about the Robodebt Class Action notice, and you live in Victoria you can call Social Security Rights Victoria’s General Advice Line, Monday–Thursday between 9:30am and 12:30pm on 0419 793 652.
If you live in another state, find your closest social security legal service here.
