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Gordon Legal acts on behalf of a number of students who enrolled in the Diploma of Aviation (Commercial Pilot Licence – Aeroplane) course (CPL Diploma) offered by Box Hill Institute (BHI) in conjunction with Gobel Aviation Pty Ltd (Soar).

Many of the students who enrolled in the CPL Diploma have raised a number of concerns about BHI’s delivery of the course, including in relation to the performance of Soar. Many of the former students who have contacted us have incurred substantial debts under the VET Student Loan Scheme, as well as incurred very substantial out of pocket expenses and income loss.

In March 2020, Gordon Legal commenced class action proceedings against BHI on behalf of the representative plaintiffs and group members. Soar was joined to the proceeding in July 2020, as a third party. As a result of Soar’s joinder as a party to the proceedings by BHI, an Amended Statement of Claim was filed on 3 August 2020, joining Soar as the second defendant in the Class Action.

A trial date has been set for 26 September 2022 with a 25 day hearing before the Honourable Justice John Dixon.

A copy of the Amended Statement of Claim can be found here.

The Class Action Summary Statement can be found here.

The four named representative plaintiffs are Nerita Somers, Adel Hassanein, Matthew Lamont and Felix Ouldanov. The representative plaintiffs have commenced the proceedings on their own behalf – and as representatives of group members’ against BHI and Soar.

The compensation sought in the class action includes:

  • Reimbursement of tuition fees paid to BHI and/or reduction or waiver of group members’ VET student loans attributable to the CPL Diploma course;
  • Reimbursement for lost time and additional expenses incurred through attending and participating in the CPL Diploma course;
  • Refunds of additional flight costs paid to Soar during the CPL Diploma course;
  • Any additional studying costs incurred as part of preparing for CASA exams;
  • Damages for distress and inconvenience as a result of the administration of the CPL Diploma;
  • Interest and legal costs.

Case Management Hearing on 12 July 2021

On Monday 12 July 2021, a case management hearing took place before the Honourable Justice John Dixon. The primary purpose of the hearing was to set the case down for a trial.

Following the hearing, His Honour made orders that the trial will commence on 26 September 2022, for a 25 day hearing. This is the earliest date Judge Dixon was available to hear the trial.

A copy of the most orders made on 12 July 2021 can be found here.

Update on Mediation

On Tuesday 1 June 2021, mediation commenced between the Representative Plaintiffs and BHI.

As expected a settlement agreement was not reached between the parties. This has meant that the discussion between the parties is ongoing, as we work to determine whether the proceedings can be resolved before a trial.

Liquidation of that Gobel Aviation Pty Ltd (trading as Soar Advanced Flight Training)

On 11 February 2021, it was confirmed that Gobel Aviation Pty Ltd (trading as Soar Advanced Flight Training) is in liquidation. The liquidators have determined that there is no prospect of there being sufficient assets in the liquidation to satisfy any judgment debt against Soar, in these proceedings.

If you would like advice on how this finding impacts the conduct of this class action, please become a client by registering your details and signing the conditional legal costs agreement here.

A copy of the Statutory Report published by KPMG can be found here.

Next Steps

Legal advice, regular updates and assistance in formulating a potential claim is reserved only for clients of Gordon Legal.

If you have yet to engage Gordon Legal to act for you in the class action, please register your details and sign the conditional legal costs agreement here here.

Additionally, we have compiled a list of Frequently Asked Questions. They can be viewed by clicking here.

Court Documents

Amended Writ and Amended Statement of Claim, BHI’s Defence to the Amended Statement of Claim, Third Party Notice, Soar’s defence to the Third Party Notice and Counterclaim, Soar’s defence to Amended Statement of Claim, Opt-Out Notice, Court Orders (25 May 2020), Court Orders (7 July 2020), Court Orders (22 July 2020), Court Orders (19 August 2020), Court Orders (25 August 2020), Court Orders (14 October 2020), Court Orders (27 January 2021), Court Orders (25 February 2021), Court Orders (25 May 2021), Court Orders (28 May 2021), Court Orders (12 July 2021)


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