Holmes v Knowmore Legal Service (No 3) [2026] VSC 560 (Link to JADE).
The lead plaintiff, Brian Holmes, alleges that Knowmore breached duties owed to him and group members by failing to take reasonable precautions to ensure they received advice about their common law rights before accepting redress offers.
This decision is only in relation to a ruling on two issues: firstly, the common questions to be answered at the initial trial of the proceeding; and secondly the form of the initial trial and specifically should it include determination of the claim of the lead plaintiff.
The court held that the initial trial of the proceeding should involve determination of the common questions and Holmes’ individual claim ([39]). However the court did not resolve what the common questions should be, saying that it was appropriate that the parties have a further opportunity to discuss the form of the common questions in light of this Ruling. That discussion should occur closer to the trial after the exchange of witness outlines and expert reports.
A long list of 27 common questions was proposed by the lead plaintiff, listed in the decision at [8]. The questions proposed by Knowmore are listed at [9].
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