The Sign Up Process

You can sign up to obtain Omni Bridgeway's funding by completing the online Funding Agreement in 6 quick steps:

Provide Contact Information
1. Email   2. Contact details
Complete Claim Information
3. Claimant Details   4. Claim Details
Accept Agreements
5. Funding Agreement   6. Lawyer Retainer
  • We recommend you complete the 6 steps in one sitting. If you are unable to do so, you will be emailed a link that will enable you to continue the online signup at a later time.
  • Once you have completed your claim online, you will be able to access your details at any time via your personal account in Omni Bridgeway’s client portal.

Sign Up FAQs 

(Click questions to expand)

A class action is a special type of court case.  A class action is an action that is brought by one person (known as the ‘applicant’) on his or her own behalf and on behalf of a class of people (known as ‘group members’) against another person (known as the ‘respondent’), where the applicant and the group members have similar claims against the respondent.

In a class action, the applicant’s claims are used to resolve as many factual and legal issues common to the group members’ claims as possible. While the group members are represented by the applicant, it is not necessary that every class member has exactly the same type of claim. 

Class actions enable large groups of people to vindicate their legal rights without the burden or cost of commencing an individual case for each affected person. The class action process saves time and expense and allows the courts to decide issues common to all affected persons in a single case. 

Omni Bridgeway Limited previously known as IMF Bentham Limited (“OBL”), is a public company listed on the Australian Securities Exchange (ASX code: OBL). Omni Bridgeway Limited provides, through its funding entities, funding for significant and large-scale litigation. Information about Omni Bridgeway Limited can be found on the Omni Bridgeway Limited website at omnibridgeway.com.

Omni Bridgeway (Fund 5) Australian Invt. Pty Limited (generally referred to as “Omni Bridgeway”) is providing litigation funding for the fees and disbursements of law firm Morgan Alteruthemeyer Legal Group (MA Legal Group) (“the Lawyers”) who will be conducting proceedings against companies in the BGC Housing Group on behalf of the class.

Omni Bridgeway Limited will provide litigation management services during the Class Action. 

The proposed claim will be against companies in the BGC Housing Group, being:

  1. Ventura Home Group Pty Ltd (093 870 618) (Ventura);
  2. BGC Residential Pty Ltd (052 543 450) (BGC Residential); and
  3. J-Corp Pty Ltd (009 063 076) (J-Corp).

Homeowners who entered into home building contracts with one of the above BGC Housing Group Companies between 1 July 2019 and 30 June 2022 and have suffered loss or damage as a result of delays to their home build and that have not otherwise received adequate compensation, are eligible to participate in the proposed class action.

Yes. There needs to be sufficient interest in participating by Homeowners who sign Funding Agreements to make the funding of any proceedings commercially viable. Omni Bridgeway will inform you if this condition is not satisfied.

Any legal proceedings will be funded by Omni Bridgeway on a “no win, no pay” basis. This means that you do not have to pay anything in the event that the class action proceeds, and your claim is ultimately unsuccessful. If your claim is successful Omni Bridgeway will be entitled to receive certain amounts (see question 8 below), but only from what is recovered.

MA Legal Group will also be entitled to the “Remaining Costs” as defined in the Funding Agreement, but again only from what is recovered. Fees recovered by MA Legal Group will not exceed any amount approved by the Court in respect of legal fees.

Nothing - subject to the terms of the Funding Agreement, Omni Bridgeway will pay any costs order which may be made against you.

If proceedings are successfully resolved, the Funding Agreement provides that Omni Bridgeway will receive a return of the costs and expenses it has paid and a percentage of your recovery, as set out in clause 5 of the Funding Agreement. 

No. It is proposed that any claim will be filed on an ‘open class’ basis. This means that all persons who signed a Home Building Contract with the BGC Housing Companies during the Relevant Period are group members in the class action, irrespective of whether or not they have signed a Funding Agreement. However, for the reasons set out below, you are invited to sign a Funding Agreement.

There are a number of reasons why group members may wish to consider signing a Funding Agreement even where the claim will, or has been, filed on an ‘open’ basis.

First, the initial trial in a class action will usually only determine the Representative’s claim and the common issues. Issues specific to your individual claims, such as whether you suffered loss and the value of the loss, will not be determined in the initial trial. It may be that further steps will then need to be taken in order to pursue your individual damages. This could include a court hearing at which your individual damages are determined. By signing a Funding Agreement, you will secure Omni Bridgeway‘s funding at the agreed commission rates that cover not only the initial trial in the class action, but also any additional steps that may be needed to advance your individual claims. You will also be protected from any adverse costs orders that may be made against you in taking these additional steps.

Second, by signing a Funding Agreement and retaining the Lawyers you will be kept apprised of developments in the class action and be able to ask questions of Omni Bridgeway Limited and the Lawyers as a client.

Third, there will likely be a formal Court-ordered process whereby group members will need to register in the class action. By signing a Funding Agreement, Omni Bridgeway Limited will take steps to ensure you are automatically registered and that no further independent steps are required on the part of its clients.

Fourth, as the claim has been filed on an ‘open’ basis the Representative may ask the Court for a ‘common fund’ order. A common fund order is an order made by the Court requiring all group members to contribute to the costs of funding the proceeding on a fair basis, including those who have not signed a Funding Agreement. If the Court is minded to make a common fund order in this case, Omni Bridgeway intends to submit that the funding rate that the Court should apply to the unfunded group members be the same as the rate in the Funding Agreement. The Court will set a rate (which may be different to the rate in the Funding Agreement) that will apply consistently to all group members. Under the Funding Agreement, where the Court makes a common fund order and sets a rate which is different to the rate in the Funding Agreement, the lower of the rate provided in the Funding Agreement and the rate set by the Court will apply to members of the group who have signed a Funding Agreement. In these circumstances, you will not be financially worse off for having signed a Funding Agreement with Omni Bridgeway.

In addition, if the Court is not minded to make a common fund order, the Court may make a “funding equalisation order” in relation to the distribution of any settlement sum. The effect of a funding equalisation order is to equalise the recovery that funded and unfunded group members receive in the hand, taking into account the fact that funded group members will be required to pay a commission to Omni Bridgeway. As far as we are aware, a funding equalisation order has been made upon request in all previous ‘open’ class actions that have included a combination of funded and unfunded group members, including several cases that were funded by Omni Bridgeway Limited and/or its funding entities. A funding equalisation order would mean that the return of unfunded group members would be reduced by the amount they would have paid had they signed a funding agreement to ensure that unfunded group members receive the same proportionate net outcome.

Finally, by signing a Funding Agreement with Omni Bridgeway you are also demonstrating support for the Omni Bridgeway funded proceeding.

We believe that our proven track record in funding matters of this type, our demonstrable financial strength (given Omni Bridgeway Limited is an ASX-listed public company and audited by a “Big 4” accounting firm), and the experience of the lawyers means that this class action will be an effective vehicle for BGC Homeowners to pursue their claims. 

The Funding Agreement should be signed by the person(s) who entered into the Home Build Contract with the BGC Housing Group company. 

Omni Bridgeway is required to have in place adequate practices for managing any conflict of interest that may arise between Omni Bridgeway, the Lawyers, and funded claimants and others in relation to any litigation funded by Omni Bridgeway.

This is a requirement of the Corporations Regulations, as recently amended.

Omni Bridgeway's Conflicts Management Policy sets out how Omni Bridgeway and/or Omni Bridgeway Limited identifies and manages any such conflict so as to ensure that Omni Bridgeway Limited and Omni Bridgeway comply with the Regulations. You can access Omni Bridgeway’s Conflict Management Policy by going to your online portal.

You may opt out of the class action in accordance with a notice that will be sent to you in the course of the proceedings. If you choose to opt out, you will no longer be included in the class action and your Funding Agreement will terminate. However, some terms of the Funding Agreement you sign will continue to apply, with the effect that if you receive a settlement or judgement from BGC after you opt out, you will remain liable to pay your share of Omni Bridgeway’s commission, management fee and costs that Omni Bridgeway has paid, from any recovery you receive (see clause 20 of the Funding Agreement).

You also have a cooling off period of 21 days after signing the Funding Agreement (see clause 7 of the Funding Agreement).

We will only use and/or disclose your personal information strictly for the purpose of the legal proceedings, or as required by the Court or by law or as requested by the Lawyers. In all other cases, we will seek your consent before disclosing any of your personal information.

Omni Bridgeway Limited’s privacy policy can be found on the Omni Bridgeway Limited website at omnibridgeway.com.

If you are happy with the terms of the Funding Agreement and the MA Legal Group’s Retainer and Costs Agreement please return them (in their entirety) to Omni Bridgeway Limited as soon as possible. 

The Omni Bridgeway portal is a client portal whereby you can log in and see details of the Omni Bridgeway funded claims you have signed up for. You can update your contact details and access information that is related to your claims. 

You may contact our Client Liaison Team on 1800 016 464 (if calling within Australia) or [email protected].