Just reading more about this I notice from the Gordon legal information... Will there be anything left to pay back the students ? I really doubt it because part of the terms and conditions is that Gordon legal can charge 25% above what it would normally charge as normal fees which are probably very high anyway if it is successful. I really wish the litigation success but with low assets and high legal fees, 25% above the normal fee I am sure there will not be anything left.
In the event that the class action is successful Gordon Legal is (subject to approval of the Court) entitled to charge its clients an uplift fee of 25% of its normal fees if the group members individual claim is successful.
Then it gets even worse for the students because even if they win everything and the court is not able to get enough out of Box Hill Institute then the students will need to pay Gordon legal so this is really a risk for a student.
They could win the case, and Box Hill Institute and Soar Aviation refuses to make payments then Gordon legal will get money from students
If the class action succeeds and compensation is payable to the group members, the representative plaintiffs intend to apply to the Court for an order that some of that compensation be used to help pay a share of the costs which are incurred by them in running the group proceeding but which are not able to be recovered from BHI.