Law firm that spearheaded $110 million class action writes to Prime Minister

Victims of the robodebt scandal who lost loved ones, homes and jobs could secure new compensation under a fresh $110 million legal claim.

Victims of the robodebt scandal who lost loved ones, homes and jobs could secure new compensation under a fresh legal claim that will claim “misfeasance in public office.”

Gordon Legal, the law firm that spearheaded the $110 million robodebt compensation claim has revealed it is actively exploring reopening the class action - and it could involve naming “former Ministers of the Crown and the senior public servants” as respondents.

Senior partner at Gordon Legal, Peter Gordon told news.com.au that the law firm had written to the Prime Minister Anthony Albanese to invite negotiations over a new claim.

“We have since been actively looking at various options of getting proper redress for members of the class action for some time now, as new and disturbing evidence has been made public,’’ Mr Gordon told news.com.au.

“We have material from this royal commission which suggests systemic dishonesty at the highest levels of Government, cover ups, sanitising of reports and advice, and other chicanery.

“Any new class action would of necessity need to add the relevant former Ministers of the Crown and the senior public servants against whom, the evidence suggests, claims of serious misconduct lies.”

A claim of “misfeasance in public office” is being considered for the worst affected by robodebt.

Australian Prime Minister Anthony Albanese has been sent a letter by Gordon Legal to “invite negotiations over a new claim”. Picture: Omer Messinger/Getty Images.

Former Prime Minister Scott Morrison has “completely” rejected any adverse findings against him in the report as “wrong, unsubstantiated and contradicted by clear documentary evidence presented to the commission”.

However, he has expressed his “regret” to victims of the scheme arguing he was acting in good faith on public service advice and believed the scheme was legal.

Originally, the Morrison Government refunded $730 million to 430,000 people without any admissions prior to the settlement of the robodebt class action.

Taxpayers were then forced to pay $110 million in a settlement of the class action which was largely interest for illegal robodebts that were paid and was based on a claim with regard to the tort of unjust enrichment

But neither the return of the original robodebts or the back payments of interest included any compensation for pain and suffering, other forms of financial loss, distress or punitive damages.

“The class action has never been dismissed. It’s clear there is now an evidentiary basis to proceed with a much more direct and egregious tort called misfeasance in public office,’’ Mr Gordon said.

“We are actively exploring a range of options. And those options may include a new class action, specifically in misfeasance in public office.

Former Prime Minister Scott Morrison has “completely” rejected any adverse findings against him in the report . Picture: AFP.

Gordon Legal's Peter Gordon. Picture: NCA NewsWire / David Crosling

Mr Gordon said some Robodebt victims “took the debt notices in their strides” but at the worst end of the scale it contributed to suicides, relationship breakdown, loss of jobs and other forms of serious harm.”

“We wrote to the government, we wrote to Mr. Albanese on Friday and said we would like to enter into sensible discussions with them.

“We’ve got details of many of the most egregiously harmed, so it’s not as if we’re starting from scratch.”

Speaking on the 7:30 report, Labor frontbencher Bill Shorten said the robodebt scheme established by the former government was “immoral and illegal.”

“It was both,’’ he said.

“It was a poor-shaming, welfare-attacking, vicious attack and it was illegal.

“It was unlawful from the get-go and for 4 cruel years, the previous government shouted down, intimidateded and ignores all the red flags, the hurt, the fire hose of complaint and grief.”

Minister for Government Services of Australia Bill Shorten during Question Time at Parliament House in Canberra. Picture: NCA NewsWire / Martin Ollman.

Mr Shorten also suggested that the discussion over whether or not to release the “sealed section” of the report was not over.

‘When the Prime Minister and I were asked this Friday, we made it clear, while we had mixed emotions about the sealed section,’’ he said.

“We understand the desire for people to see accountability immediately, the royal commissioner made the view that the individuals who had been referred should have due process and they didn’t want to contaminate that, with a lot of public argue-bargie and speculation.

“What happens is that the sealed section has gone to the head of the Public Service Commission, the Secretary of the Prime Minister’s department, the Secretary of Attorney-Generals and the Attorney-General. I know that today they’ve ensured that all the agency heads referred anyone who needs to for a public service investigation.”

“I notice some politicians are saying, “Well, we have no adverse findings”. That just tells me they have not read the commission. This royal commission outlines in tragic honesty the culpability of a range

of Coalition ministers and senior public servants. They must live in a parallel universe.”

“This royal commission has a long way to go and a lot of lessons to be applied. I don’t know why Coalition ministers with that sort of very, damning analyses by the royal commission, why they think when the commissioner says there’s the tort of malfeasance, in public office, why they think that victims won’t sue them individually.”

Originally published as Law firm that spearheaded $110 million class action writes to Prime Minister