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Aveo Class Action: Opt Out Notice



SUMMARY OF OPT OUT NOTICE

FEDERAL COURT OF AUSTRALIA (VID 996 of 2017)


Michael Robert Luke (in his capacity as the co-executor of the estate of Robert Colin Luke, deceased) and others -v- Aveo Group Limited


A class action has been commenced in the Federal Court of Australia in Melbourne by Michael Robert Luke, Meredith Anne Luke, Ann Mary Stroud and Neil Bernard Colombari (Applicants) against Aveo Group Limited (Aveo).


If you bought or leased a residential unit (Unit) in a retirement village that was or has become an Aveo-branded retirement village, and the “Aveo Way” contract has been introduced in that village, you should read this notice carefully.


This document is a summary of a document titled Opt Out Notice that has been ordered to be published by the Federal Court. You can obtain a copy of the full Opt Out Notice and other documents in the proceedings from the Federal Court’s website at https://www.fedcourt.gov.au/law-and-practice/class-actions/class-actions or by calling Levitt Robinson on (02) 9286-3133.


This notice contains important information about the class action against Aveo and your right to ‘opt out’ of the class action. Under the Court’s rules, Aveo, its managers, and staff are not able to discuss the opt out notice with you.Any questions you have concerning the matters contained in this notice should not be directed to the Court. If there is anything in the notice you do not understand, please seek your own legal advice.


What is this class action?


A class action is a legal proceeding that is brought by an Applicant on their own behalf and on behalf of a group of people (group members) against the Respondent.


This class action is brought by the Applicants on their own behalf and on behalf of all persons who are group members. The Respondent is Aveo, an operator of retirement villages (Aveo Villages). Central to this class action is the introduction by Aveo of a form of contract (the Aveo Way Contract) under which Aveo leases Units in certain Aveo Villages. A list of the Aveo villages which are the subject of the class action, including the date the Aveo Way Programme was introduced at each relevant village, is set out at Schedule 2 to the full Opt Out Notice.


You are a group member if:


(a) You are or were a freehold or leasehold Unit owner in an Aveo Village where the Aveo Way Contract has been introduced and you are or were subject to the terms of a non-Aveo Way Management Agreement; or


(b) You are the executor or co-executor or administrator of the estate, or lawful assignee, of a person described in subparagraph (a) above;


AND You have not settled your claims the subject of the proceedings.


How is the class action being funded?


The class action is being funded by a third-party litigation funder. However, the funder may seek orders that group members who have not signed funding agreements with the funder contribute to the costs of the class action out of any compensation or other benefits arising out of settlement or judgment of the class action, which may affect you. If this occurs, group members who have not sold their Unit may be required to pay to the funder a percentage of the value of any non-monetary 'benefit' they receive from the settlement or judgement of the class action. Please see the full copy of the Opt Out Notice for further details.


What is ‘Opt Out’?


The Applicant in a class action does not need to seek the consent of group members to commence a class action on their behalf or to identify a specific group member. However, group members can cease to be group members by opting out of the class action.


If you do not wish to remain a group member you must opt out of the class action. If you wish to opt out of the class action you must do so by completing an Opt Out Notice form. This form is included within the full copy of the Opt Out Notice. The methods for returning the form are specified in the form.


You are free to make up your own mind whether to give an Opt Out Notice or do nothing, but you should not delay in making your decision. The deadline for opting out is 4:00 pm on 21 November 2022. If there is anything of which you are unsure you should contact Levitt Robinson, the lawyers for the Applicants in the class action at the contact details below, or seek your own legal advice. Levitt Robinson Solicitors may be contacted on (02) 9286 3133 or by email at aveo@levittrobinson.com. Information is also available on their website at www.levittrobinson.com.