Opt Out

On 4 November 2024, the Supreme Court of Victoria made orders that notice be given to group members of their rights to opt out of the IMARC Class Action.

You are a group member in the IMARC class action if you:

1. were present at the IMARC Protest at the Convention Centre in Southbank, Melbourne on 30 October 2019, between 11.44am and 12.35pm; and
2. suffered harm as a result of being sprayed with OC foam by police officers between around 12.10 to 12.35pm.

If you fit this description, then you automatically are a group member in the class action.

The class action is being brought by Mr Jordan Brown on behalf of himself and group members. Mr Brown is alleging that police officers’ conduct at the IMARC Protest was an unreasonable, unlawful and disproportionate use of force constituting battery and assault, and also a breach of the Charter of Human Rights and Responsibilities Act 2006 (Vic).

The Court has ordered that any group member who does not wish to participate in the class action must opt out by 4pm, 6 December 2024.

Below is a link to the Out Out Notice issued by the Court. It explains the opt out process in detail, including what it means if you choose to opt out or stay in the class action. It is important that you read this document carefully as it may affect your legal rights in the IMARC Class Action.

OPT OUT NOTICE

If you no longer wish to be a Group Member of the IMARC Class Action, you can opt out. To do this, you must download, complete, and send the opt out form to the Supreme Court Registry. The form can be accessed in the link below.

OPT OUT FORM

Alternatively, if you wish to register in the class action, you can do so below.

Registering for the class action

You are eligible to register your interest in this class action if you:

1. were present at the IMARC Protest at the Convention Centre in Southbank, Melbourne on 30 October 2019, between 11.44am and 12.35pm; and
2. suffered harm as a result of being sprayed with OC foam by police officers between around 12.10 to 12.35pm.

If you think you are eligible, we encourage you to register now.

Registration is free. Registering is not a commitment to participate in the class action.

All information you provide will be kept strictly confidential by Phi Finney McDonald and Inner Melbourne Legal Centre.

The benefits of registering are:

• You will receive regular updates about the case.
• We can contact you if you become eligible for compensation.
• Information about your experience may help us achieve a better outcome.

Register your interest via the link below, or send your name and contact details to: classactions@phifinneymcdonald.com.

REGISTER NOW

How a class action works

A class action is a case led by one or more people on behalf of a group of other people, called “group members”.

Class actions can be an efficient way of allowing people to make a claim against the one defendant. A class action can be a viable way of taking legal action when an individual claim is not because factors such as cost or resources.

If a class action is unsuccessful, group members are not typically liable for the costs of the defendant. This mean that class actions can level the playing field against well-resourced defendants.

The case is being run by Phi Finney McDonald and Inner Melbourne Community Legal on a ‘No-Win, No-Fee basis’.

This means that group members participating in the IMARC class action will not be out of pocket for legal cost incurred in the conduct of the case.

About the case

Between 29 and 31 October 2019, protestors demonstrated outside the IMARC conference in Melbourne to oppose the mining industry’s violation of human rights, dispossession of First Nations people, exploitation of workers and to highlight climate justice.

The demonstration drew a significant number of protestors and a large police presence. The conduct of Victoria Police drew criticism, including in relation to the use of capsicum spray against groups of people exercising their right to protest.

Capsicum spray, known as Oleoresin Capsicum foam (OC foam), contains an extremely high concentration of capsaicin, a chemical found in chilli peppers, which can cause significant injuries and potentially permanent disabilities.

The claim alleges that the use of OC foam on protestors was unlawful, and argues the use of OC foam breaches the law when used as a coercive tool, or where there is no immediate or proportionate threat to police officers or the public.

In addition to seeking compensation for any eligible person who attended the IMARC protests, the class action aims to protect the right to protest without fear of heavy-handed police tactics and to get the court’s view on the circumstances in which police are authorised to use OC foam.

The class action also seeks to highlight important issues such as the ever-broadening scope of police powers, protection of protest rights and the scope of the Charter of Human Rights and Responsibilities Act 2006.