Medibank Private Group Proceeding (Class Action)

This matter is a group proceeding (class action) brought by persons who allege that they acquired an interest in shares in Medibank Private Limited (Medibank) between 1 July 2019 to 25 October 2022 (inclusive) and suffered loss or damage as a result of Medibank’s conduct. 
 
It is alleged that there was a data breach of Medibank’s network in 2022 during which hackers extracted the personal and health claims data of Medibank customers and that some of the stolen data was publicly released via the dark web.
 
It is alleged that Medibank engaged in misleading or deceptive conduct and breached its continuous disclosure obligations by not disclosing information regarding alleged deficiencies in its cyber security systems, and that this caused the price of Medibank’s shares to be greater than their true value, and/or their value if not for the alleged breaches. The plaintiffs and group members seek compensation for purchasing shares in Medibank at an allegedly inflated price due to the alleged conduct. Medibank denies the substance of the claims against it.
 
This proceeding is a consolidated proceeding. Prior to consolidation, the two lead plaintiffs had separately issued two group proceedings against Medibank, being S ECI 2023 01227 (the Kilah proceeding), and S ECI 2023 02833 (the Sinnamon proceeding). On 6 September 2023, the Honourable Justice Attiwill made an order consolidating the Kilah and Sinnamon proceedings and made Robert Kilah and Brendan Sinnamon joint representative plaintiffs. Quinn Emanuel and Phi Finney McDonald were also made the joint solicitors for the plaintiffs.

If you have received an email or letter with details on how to register or opt out of this group proceeding, you have been identified as a potential group member. 

IMPORTANT INFORMATION ABOUT REGISTRATION AND OPTING OUT

Please note that the deadline to register or opt out has now passed. 

If you are, or you think that you may be a group member, you should read the documents below carefully. 

The Notice (a copy of which is below) contains important information about your rights to: 

(1) register your claim in the proceeding; or 
(2) opt out of the proceeding.

In summary, if you fall within the definition of a group member, you have three options:

• If you want to be eligible to participate entitled to obtain any benefit pursuant to any settlement reached by the parties at any point up to three months after the first day of mediation, you must register your claim in accordance with the Notice by 4:00pm (AEDT) on 1 November 2024.
  To register, you must either:
  • complete the online registration form with Phi Finney McDonald; or
  • complete the registration form found at Schedule 1 of the Notice and submit by email or post to the address for Phi Finney McDonald stated on the form.
    For further information on how to register, please refer to Option 1 on page 5 of the Notice below.
     
• If you do not want your rights determined by the class action you must opt out by 4:00pm (AEDT) on 1 November 2024.
  To opt out, you must either:
  • complete the online opt out notice; or
  • complete the opt out notice found at Schedule 2 of the Notice and return via email or post to the address on the notice for the Registry of the Supreme Court of Victoria. 
    For further information about opting out, please refer to Option 2 on pages 6 and 7 of the Notice below.

• If you do nothing in response to the Notice you will remain a Group Member of the Medibank Class Action but, subject to any further order of the Court, you will not be entitled to obtain any benefit pursuant to any settlement reached at any point up until three months after the first day of mediation. For further information about this option please refer to Option 3 on page 7 of the Notice below. 

The definition of a "group member" is set out in the Notice.

Notice to Group Members - Registration and Opt Out
Orders of Attiwill J (2 September 2024) - Registration and Opt Out

Registration documents
Registration Form (online) for you to submit via Phi Finney McDonald's website; or
Registration Form (PDF) download, complete and submit by email or post to Phi Finney McDonald

Opt Out documents
Opt Out Notice (online) for you to submit via this link; or
Opt Out Notice (PDF) download, complete and submit by email or post to the Supreme Court of Victoria