Box Hill Institute Student Pilot Class Action

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Gordon Legal acts on behalf of a number of students who enrolled in the Diploma of Aviation (Commercial Pilot Licence – Aeroplane) course (CPL Diploma course) offered by Box Hill Institute (BHI) and which was conducted by it in conjunction with Gobel Aviation Pty Ltd (Soar).

Our clients have raised a number of concerns about the CPL Diploma course and whether BHI has delivered the diploma course as promised.  Many of our clients have incurred tens of thousands of dollars in course fees to BHI via the VET Student Loan Scheme.

Gordon Legal commenced a class action proceeding against BHI on behalf of a number of representative plaintiffs and the class of group members defined in the Statement of Claim on 26 March 2020. You can access a copy of the Writ and Statement of Claim by clicking here

The four named representative plaintiffs are: Nerita Somers, Adel Hassanein, Matthew Lamont and Felix Ouldanov. The representative plaintiffs have commenced the proceeding on their own behalf and as representatives of Group Members’ claims against BHI.

The compensation sought in the class action proceeding includes:

  • Reduction or waiver of group members Vet Student loan attributable to the CPL Diploma course;
  • Reimbursement for lost time and additional expenses incurred through attending and participating in the CPL diploma course;
  • Refunds of additional flight costs paid to Soar during the CPL diploma course;
  • Any additional studying costs incurred as part of preparing for CASA exams;
  • Damages for distress and inconvenience as a result of the incompetent administration of the CPL Diploma course;
  • Damages for loss of opportunity; and
  • Interest and legal costs.

Prior to commencing the Class Action proceeding, Gordon Legal made several attempts to negotiate with BHI in the hope of negotiating a dispute resolution process that allowed our clients’ individual circumstances and financial losses to be assessed and mediated in accordance with an agreed set of principles. Whilst BHI chose not to engage in those negotiations prior to the commencement of Court proceedings, we will continue to explore all opportunities to resolve the legal issues raised in this class action in a way which fairly compensates Group Members for their loss as quickly and as cost effectively as possible.

The outcome of the Case Management Conference listed before Justice Dixon on 25 May 2020.

On Monday 25 May 2020, this matter was listed in the Supreme Court of Victoria before His Honour Justice Dixon for a Case Management Conference.

The purpose of the Case Management Conference was to enable His Honour to make appropriate procedural orders to ensure that the group proceeding progresses efficiently and effectively. You can access a copy of the procedural orders made by Justice Dixon by clicking here.

The orders made by His Honour, amongst other matters, provide a timetable for the filing and service of various court documents such as the defence, that was filed and served by Box Hill Institute on 25 May 2020 and can be accessed by clicking here.

Orders requiring Box Hill Institute to email the Class Action Summary Statement to students that it communicated with on 15 May 2020

Importantly, His Honour also made an order which required Box Hill Institute to email a document entitled ‘The Class Action Summary Statement’ to all students who received an email from Box Hill Institute on Friday 15 May 2020 - encouraging students to re-enrol in the CPL Diploma course.

This order was made in response to submissions made on behalf of the plaintiffs that Box Hill Institute ought to have informed students of the group proceeding and the claims made within it – so that such students could make a fully informed decision as to whether or not it was in their best interests to re-enrol in the CPL Diploma course and to seek legal advice in relation to the risks of doing so and alternative options available to them.

You can access a copy of The Class Action Summary Statement by clicking here.  

If you have yet to engage Gordon Legal to act for you in the class action, please register your details here and we will be in contact with you to discuss your individual circumstances and to answer any questions that you may have.

We also invite you to read the answers to the list of Frequently Asked Questions we have compiled by clicking here

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