THE PEOPLE'S SOLICITORS

 

Frequently Asked Questions

 

( Taxi-driver Class Action )

     

Who are the lawyers managing the Class Action ?

The lawyers are the firm called the People's Solicitors. It is run by Kingsley Liu who co-founded the firm with the late Jeff Shaw, QC. The firm has assisted many taxi drivers in Court during the past 5 years and has prepared the framework for the prosecution of the class action.

Who is funding the Class Action ?

The funder is Litman Holdings which is managed by Michael Becker. He is a lawyer, and is experienced in the funding and management of commercial litigation. Litman Holdings will provide the monies required to fund the case against Cabcharge and will cover all legal fees and other costs in relation to the class action including Cabcharge costs if the claim is unsuccessful. If the action is successful Litman Holdings will recover a percentage of the sum awarded by the Court or as agreed as a settlement sum plus reimbursement of the funding costs. (See Funding Agreement)

What associations and groups are involved in the Class Action ?

The People's Solicitors and Litman Holdings are working closely with Taxi Drivers Associations and related associations throughout Australia recruiting drivers and operators to join the Class Action..

Are my personal details kept confidential ?

The personal information provided to The Peoples Solicitors to join the class action are kept confidential and shall only be used for the purpose of prosecution of the class action, as required by the court or by the law. We shall not disclose any personal information to any unrelated third parties without your permission.

The website has been designed to provide the maximum level of security for all information provided. No individual's information will be shared with other members of the Class Action.or with any outside party such as Cabcharge. The database system is secure.

Do I pay or have any liability for legal costs ?

No legal costs are ever payable by you. All legal expenses are covered by the litigation funder. You have full indemnity from any action by anyone.

There is no legal precedent for the court to force the disclosure of personal information orv identity of members of a class action.

How long will the court action take?

As soon as sufficient numbers of Drivers and Operators have joined the Class Action we will lodge a claim in the Federal court. There will be a close off date for registration but that will be in the future. Prosecution of the claim will proceed in the following stages:

(1) The first stage required proving the Cabcharge "refusal to deal"conduct was in breach of section 46(1) (c) of the Trade Practices Act.
(2) The second stage is the calculation of the level of compensation payable to each driver and operator.
(3) The third stage is the distribution to you of your share of the claim proceeds. These stages are estimated to take up a total period from 1.5 to 4 years.

Do I need to worry about Australian Tax Office?

As there is no 10% surcharge on fares when paid in cash these fares are not part of the claim and accordingly NO RECORDS WILL BE REQUIRED IN RELATION TO CASH FARES.

As the compensation claimed is based on a share of the 10% surcharge expenses claimed for tax puroposes are also irrelevant and accordingly YOU WILL NOT BE REQUIRED TO PRODUCE THESE RECORDS.

Do I need to give the lawyers details of my earnings records?

You are not required to provide information about your earnings. It is not necessary for you to provide any of your pay-in and take-home earnings records. The claim only relates to fare payments processed through the Cabcharge payment processing system. Your cash payments and expenses are irrelevant.

Do I have protection or immunity from Cabcharge?

The Federal Court Rules protect members of a class action from the Respondent (Cabcharge) You cannot be sued or prosecuted by Cabcharge for becoming a member of the Class Action as a means of exercising your legal rights in accordance with the Trade Practices Act.

Can Cabcharge seek costs against me if we lose the case?

There is immunity in class actions for class action members from any claim by the Respondent (Cabcharge) to claim its costs. You are protected from liability for legal costs, and will not be called upon to pay any costs in relation to the prosecution of the class action. If we were to lose the litigation funder bears all costs of the action.

Do I need proof of whether I am using or relying on a non- Cabcharge Eftpos over the period?

No you are not required to have this proof.

How would the class action affect my relationship with operator?

Your operator also has the right to make a claim for compensation and can do so by joining the Class Action.As the greater the number of members the stronger the claim you should encourage your operator to also join the Class Action.

Your operator will not be informed as to your involvement by us due to confidentiality between you and The Peoples Solicitors. However we suggest you tell your Operator as he might consider joining up as well.Remember the greater the number of members the stronger the claim.

How am I going to keep informed in the future?

The Peoples Solicitors website will have further postings and we shall also be communicating by text or email news as the prosecution of the claim progresses.

YOU HAVE NOTHING TO LOSE. THERE IS NO DOWNSIDE. THERE IS NO COST TO YOU.

The procedure for entering into the Funding Agreement is simple. Just carefully read the document and fill out the fields presented to you in the website and press the "I Accept" button

You will then have the full cost agreement of the class action, between The Peoples Solicitors, Litman Holdings and yourself. Again, there will be no direct cost to you, as all expenses are drawn down from the settlement proceeds.

Yours faithfully

Kingsley Liu and Michael Becker

The Peoples Solicitors and Litman Holdings