Chatswood Concourse: council in 3M, Halifax Vogel cladding class action

A council has joined “hundreds” of other organisations in a major class action after potentially dangerous cladding was mounted on one of Sydney’s top entertainment venues.

A Sydney council has joined a landmark class action against the manufacturer of a potentially deadly cladding that was used to build one of the north shore’s centrepiece entertainment venues.

Willoughby Council is the process of stripping external and internal panels from The Concourse performing arts hub in Chatswood after Alucobond PE cladding was found at the site in 2017. 

The discovery of cladding sparked fears over potential fire risks at the nine-storey building and the panels are now being replaced with materials that meet NSW Fire and Rescue requirements.

Alucobond cladding was found at the site in 2017.

Instead of having the cladding destroyed, the council will stockpile the panels for evidence as part of a class-action lawsuit filed in the Federal Court against the manufacturers of the Alucobond PE material – German based 3A Composites GmbH and Halifax Vogel Group.

The lawsuit, by Sydney firm William Roberts Lawyers, alleges buildings fitted with “Alucobond PE” or “Alucobond Plus” supplied between 2009 and 2019 were not fit the purposes they were supplied and therefore breached the Australian Consumer Law and the Trade Practices Act.

The case further alleges the manufacturers engaged in misleading representations and conduct concerning the Alucobond PE and Plus products, and ultimately its suitability for use on buildings.

The Concourse is the region’s main performance and arts venue.

3A Composites GmbH and Halifax Vogel Group have both denied the allegations made against them.

A William Roberts Lawyers spokeswoman said the total number of claimants in the open class action proceedings was expected to run “into the hundreds”.

“The class membership includes owners corporations, commercial building owners and public bodies,” she said.

“If successful hundreds of millions of dollars in compensation could be paid to parties that have used these materials in construction projects across Australia.”

Willoughby Council in a works notice stated the Alucobond PE cladding was used in areas of The Concourse including the video screen tower, the facade, retail areas and under a small section over the main doors to the theatre.

The Concourse, pictured during the Vivid Chatswood Festival.

Council budget papers show $4.15 million will be spent replacing the material over the next 12 months.

“The existing composite cladding (will be replaced with) solid aluminium cladding to retain the same finish and appearance. This important work will ensure the cladding meets the latest fire safety regulations” the works notice stated.

The council said current safety measures at The Concourse including sprinklers throughout the building, fire detection, alarm systems, and evacuation plans and procedures.

A court order in December has required 3A Composites and Halifax Vogel Group to provide discovery of their internal documents by May 19, and lawyers leading the class action will be required to serve their evidence by September 8.

The claimed compensation includes costs for the removal and replacement of cladding, rectification works, increases in insurance premiums, building safety assessments and consequent reduction in the value of buildings.

The North Shore Times has contacted 3A Composites GmbH and Halifax Vogel Group for comment but did not receive a response at the time of publication.

Willoughby Council declined to comment further on the class action.