KordaMentha continues to pursue its goal of a very large chemical pulp mill in the Tamar Valley.
You are invited to register your interest in being part of a potential class action seeking compensation for damages arising from KordaMentha planned pulp mill should it be built.
Tasmanians Against the Pulp Mill (TAP) has initiated the register to collate details of interested parties and to determine the extent of possible damages to the community and businesses if the proposed pulp mill proceeds.
Damages could include, for example, losses in property values, losses in business income and harm to health. Preliminary estimates indicate losses of around $2 billion. Go to Pulp finance - the risks for more information.
The class action register prepares the way for a potential court action for compensation. Because of the diversity of opinion regarding Section 11 (Pulp Mill Assessment Act), a class action appears possible irrespective of the outcome of a current case over Section 11 by Environment Tasmania and three Tamar landowners in the Supreme Court.
See How to register for details on securely registering your information .
What is a class action?
A class action is when many different people with similar complaints arising from the same event combine to make the same legal argument in a court of law. Complaints could include the loss of value of your house, damage to your health, or your business has lost resale value.
A class action saves court time and allows a single judge to hear all the concerns at the same time, and come to one settlement for all parties. If the court agrees to certify the complaints as a class action, all class members should have equal say and rights to any monies or remedies ordered by the court.
Class actions are possible in the State of Victoria and under Federal Australian Law. They can include cases of false or misleading information, physical harm to individuals or financial losses as a result of unconscionable conduct.
Any proposed action would be under the Law of Torts. A tort is a wrongful act for which someone can be sued for damages in a civil court.
Proof of damage is essential eg. suffering some loss as a result of the pulp mill. Please keep records of any activity, valuation information or events that may be of use should formal proceedings proceed against Gunns Ltd, and/or any other parties involved in the pulp mill assessment and approval process. Also keep records of any activity that you have undertaken to advise Gunns Ltd, the State and Federal Governments and/or Members of Parliament or local councils of your concerns, fears or objections.
Who pays the lawyers in a class action lawsuit?
Lawyers who represent a class for money damages are generally paid out of the recovery. This issue will be clarified prior to proceeding with any class action.
Purpose of the class action register
The purpose of the register is to compile a list of those who may join a class action, if the action proceeds and the variety of torts involved.
Registration of interest does not oblige any individual, company, business or organisation to proceed with the proposed class action.
A final commitment to joining the class action will be required only after all legal, financial and ethical issues have been identified and the basis for any proposed class action has been clearly established.
Security of personal information statement
We (Tasmanians Against the Pulp Mill Inc.) will not use or disclose (share, sell or divulge) any of your personal information to third parties unless we have informed you and have been authorised by you, or are required or authorised to do so by law.
All information will be destroyed once the pulp mill is stopped or a decision not to proceed with a class action is taken.
1. Download a pdf class action registration-of-interest form from below. Fill out the form and post to the Secretary, TAP Into A Better Tasmania PO Box 200 Exeter Tasmania 7275 OR email as an attachement to email@example.com
|Class action registration-of-interest form.pdf||25.22 KB|