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Fairview rebuts claims on non-cooperation in ACP class action case

Aluminium Composite Materials manufacturer Fairview Architectural has issued a strong rebuttal of claims published on the Lawyerly website at the initiation of class action law firm Omni Bridgeway, that it is not fully cooperating with document discovery. Fairview Holdings and the new owner of the business, FVA Group have and will continue to provide access.


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Fairview's (now FVA Group) Lithgow, NSW main ACM warehouse and plant

In a company statement, Fairview says:

Contrary to suggestions that Fairview Architectural Pty Ltd has failed to comply with the directions of the Federal Court in the class action, directors of Fairview Holdings continue to fully cooperate with the court process. To date, Fairview Holdings has provided 4,300 electronic documents as part of the discovery process. Directors also made clear in writing early in the proceedings that significant additional hard copy documents are stored in our Lithgow-based office. Further, Directors have agreed to provide the building owners’ and the class action group members’ solicitors with access those additional hard copy documents.

Fairview Holdings has also worked closely with the solicitors for the building owners and the class action group members to ensure access to insurance policies, should a claim be substantiated.  The total potential insurance proceeds available under these policies are $190 million.  Any action against Fairview Architectural Pty Ltd does not affect the current structure or operations of FVA Group Pty Ltd, the new owner of Fairview’s business.

Fairview, like everyone else, looks forward to a just outcome for building owners.