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The Cosmetic Institute Class Action

The Cosmetic Institute class action was commenced in 2017 by Turner Freeman Lawyers (TFL) in the Supreme Court of New South Wales.

Settlement

The class action was settled and the Court approved the settlement, and the Settlement Scheme, on 14 May 2024.

The Court appointed TFL as the Administrator of the Settlement Scheme.

The registered group members will be assessed as set out in the Settlement Distribution Scheme, in accordance with the orders of the Court on 14 May 2024.

Documents

The following documents can be read here:

The Judgment of the Court of 14 May 2024.

The Settlement Distribution Scheme, approved by the Court on 14 May 2024.

 

Recent Notifications

Latest Notifications to Registered Group Members

Registered group members can read Notifications from the Administrator on the TFL website, and any Notifications and updates will also be emailed to each registered group member.

FAQs about the settlement scheme process

Why must I sign a statutory declaration? I have given Turner Freeman (TFL) a questionnaire with the same information.

The Scheme requires registered group members to attest to injuries and disabilities by way of statutory declaration:  refer cl 5.2(f) of the Scheme.

The information that group members may previously have provided to TFL in the questionnaire, needs to be verified (and updated if relevant) including:

  • by formally attesting to the truth of the information by way of a formal Statutory Declaration; and
  • by reference to third party contemporaneous medical and ancillary records, which must include your TCI medical records.

The statutory declaration also gives registered group members an opportunity to update the Administrator about their condition, if required.

If registered group members wish to have their eligibility verified and compensation assessed, they will need to follow the steps set out in their Notification package, including making and providing the Statutory Declaration.

I have already filled the documents in my Notification package out in the registration process. Do I need to do it again?

All registered group members submitted a questionnaire, as part of the registration process.

The document the Scheme requires registered group members to complete now, is different.

The Scheme requires registered group members to attest to their injuries and disabilities by Statutory Declaration, as a form of evidence of injuries and disabilities suffered.

It also gives registered group members an opportunity to update the Administrator (TFL) about their condition and the effects of the TCI BAS on them, if required.

If registered group members wish to have their eligibility verified and compensation assessed, the actions set out in the Notification package must be taken, including making and providing the Statutory Declaration.

Do I need to resend documents and photographs I have already provided to TFL?

No, documents already provided do not need to be re-sent.  Those documents are on each registered group member’s record, and will be considered by the Administrator in administering the Scheme.

Further additional medical and/or ancillary information may be provided, for consideration by the Administrator:  refer to the Checklist on page 2 of your Notification package.

All registered group members must make and return a Statutory Declaration, in order to have their eligibility and compensation entitlement assessed.

What is the protocol for uploading photographs for consideration by the Administrator?

Photographs that have already been provided, do not need to be re-sent.  Photographs already provided, will be on the relevant registered group member’s record, and will be considered by the Administrator in administering the Scheme.

If uploading new or additional photographs, the dates must be clearly identified.

Photographs should be compiled in a Word or PDF document, in order of earliest to latest, with the dates clearly marked.

It must be clear whether the photograph/s are pre-operative, post-operative or current.

DO NOT UPLOAD multiple undated jpeg or screenshots, without dating them and compiling them in a Word or PDF document.

Undated photographs may not be considered under the Scheme.

My GP has advised that they cannot provide my medical records to me, without a request form from my lawyers. Is this correct?

Everyone has the right to a copy of their own medical records from their GP or other medical treater.

There are some formal requirements that must be satisfied, for your application to be valid.

For information about how to make a valid records request, refer to the websites of the State or Commonwealth information and privacy offices, here:

Commonwealth Information and Privacy Commissioner

NSW Information and Privacy Commissioner

Do I need to pay the records request fee of $132 to Southport Day Hospital? I am not sure why I have to pay money. I’m happy to pay it, but if I’m not eligible for compensation do I get that money refunded?

A standard part of any personal injury claim for compensation, is for the claim to be verified and evidenced, including the claims of registered group members under the Settlement Scheme.

It is a matter for each registered group member, as to whether they wish to participate further in the Settlement Scheme, by obtaining and providing a copy of their TCI records for assessment and verification of eligibility – if not already provided.

The fee is an administrative fee, that the holder of the records, Southport Day Hospital, is entitled to charge.  Southport Day Hospital, we understand, is the entity that now holds the records of The Cosmetic Institute, including TCI Parramatta, TCI Bondi and TCI Southport.

The records request fee is non-refundable.

What is the eligibility criteria, to enable my compensation entitlement to be assessed?

To be eligible to participate, registered group members must have undergone their TCI breast augmentation surgery on or before 29 October 2017 at any of the TCI premises, by one of the TCI surgeons and have suffered an injury as a result.  To be eligible, registered group members must not have opted out, entered into a deed of release with the defendant/s or received a payment of damages in the past:  refer to clauses 5.1 and 5.2 of the Scheme.

How long will the whole process take, to assess my eligibility and compensation sum, and to receive any compensation payment, under the Scheme?

It is estimated that the process will take about 12 months.

Please do not contact the Administrator about when payment will be made.

The Administrator will update you as the administration of the Scheme progresses.

When is the registration deadline? Can I still register my interest to be a group member?

Registration has closed.

What are the next steps in the assessment process?

The Administrator has communicated with all registered group members by email to explain the next steps in the assessment process.

Step 1 –       assessing eligibility of registered group members to participate in the Scheme.

Step 2 –        assessing the compensation entitlement of eligible, registered group members under the Scheme.

Registered group members must engage in the process to be considered, and submit any material within the relevant timeframes for assessment.

  • Step 1 documents need to be uploaded by 31 December 2024.
  • Step 2 documents need to be uploaded by 31 January 2025.

The latest notifications to registered group members, about the ongoing assessment process, can be downloaded here:

  • Registered group members who have not yet obtained and provided a copy of their TCI medical records, see this Notification.
  • Registered group members who have provided a copy of their TCI medical records, see this Notification.

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