The Cosmetic Institute Class Action
The Cosmetic Institute class action was commenced in 2017 by Turner Freeman Lawyers (TFL) in the Supreme Court of New South Wales.
Settlement
The class action was settled and the Court approved the settlement, and the Settlement Scheme, on 14 May 2024.
The Court appointed TFL as the Administrator of the Settlement Scheme.
The registered group members will be assessed as set out in the Settlement Distribution Scheme, in accordance with the orders of the Court on 14 May 2024.
Documents
The following documents can be read here:
- The Judgment of the Court of 14 May 2024.
- The Settlement Distribution Scheme, approved by the Court on 14 May 2024.
Recent Notifications
Latest Notifications to Registered Group Members
Notification of 22 August 2025
Notification of 1 July 2025
Notification of 24 March 2025
Notification of 10 December 2024
Notification of 22 November 2024
Notification & Checklist of 2 September 2024:
- Registered group members who have not yet obtained and provided a copy of their TCI medical records, see this Notification.
- Registered group members who have provided a copy of their TCI medical records, see this Notification.
Registered group members can read Notifications from the Administrator on the TFL website, and any Notifications and updates will also be emailed to each registered group member.
FAQs
How has my Assessed Compensation Amount been calculated?
Your Assessed Compensation Amount is made up of:
- The assessed value of the claim pursuant to the Damages Protocol at Schedule 1 Scheme (page 21);
- Less applicable deductions pursuant to the Deductions Protocol at Schedule 2 of the Scheme (page 32);
- A prorated adjustment to reflect the total settlement fund available for distribution (clause 9 of the Scheme).
Your Assessed Compensation Amount may be further adjusted up or down, following the 28-day Compensation Review period, to reflect the total sum available to distribution to Participants.
The treatment expenses I have been assessed at are more/less than the treatment expenses I have incurred.
A set amount applies for treatment expenses to reflect the Participant’s category of severity (refer page 25 of the Scheme). A Participating Group Member’s out of pocket expenses are calculated depending on whether they have been assessed as Category A, B, C, D or E:
- CAT A – NIL
- CAT B – $15,000
- CAT C – $20,000
- CAT D – $30,000
- CAT E – Individual Assessment
An amount for past and future out of pocket expenses is allowed for Category B, C and D Participating Group Members only if the Participating Group Member has established that past out of pocket expenses have been incurred for revision surgery by a surgeon other than the fifth to sixteenth defendants, or will in the future be incurred for revision surgery by a surgeon other than the fifth to sixteenth defendants.
Accordingly, a Participating Group Member in Categories B, C or D who has an injury but has not undergone revision surgery, has no intention to undergo revision surgery, or has undergone revision surgery at no cost or by a TCI surgeon, is not entitled to an amount for past and future out of pocket expenses.
Refer to clause 11, page 24 of the Scheme for more information about how out of pocket expenses – treatment expenses have been applied.
What are the Deductions set out in my Notice of Assessment?
There are four deductions that may apply to each Participant’s claim under Schedule 2 of the Distribution Scheme (page 32):
- A 55% General Deduction applies to all Participant’s claims. It reflects the general litigation risk, vagaries of unchallenged self-reported data, and difficulties with individual proof of causation, among other things.
After the general deduction has been applied, each Participating Group Member’s claim will then be reduced further, depending on her specific circumstances and whether any of the following deductions also apply:
- A 20% deduction applies to all Category B Participating Group Members. This deduction reflects the inability of Category B Participants to bring a claim outside of the class action regime or after a hearing of the common questions because of the low value of a Category B Claim and the effect that Schedule 1 of the Legal Profession Uniform Law Application Act 2014 (NSW) has on the viability of such claims.
- Irrecoverability Deduction of 0% to 50%. Depending on which period of insurance applies to each Participant’s claim, a Deduction is to be applied for a risk of irrecoverability from 0% to 50%.
- Time Limitation Risk Deduction of 0% to 25%. Depending on the time limitation risk period that applies to a Participant’s claim, a deduction is to be applied for limitation risk of between 0% to 25% (cl 8 of Schedule 2 of the Scheme).
The Deductions do not include statutory and/or contractual repayments that apply to third-parties such as Medicare and private health.
Do the Deductions include statutory/contractual third-party repayments to Medicare and private health?
No, the Deductions do not include a Participant’s third-party repayment obligations. Third-party repayments are dealt with separately. Third party repayments will be separately deducted from each Participant’s Assessed Compensation Amount as may apply to each individuals claim and may include repayments to:
- Private health fund/s pursuant to your obligations to your private health fund;
- Medicare pursuant to the Health and Other Services (Compensation) Act 1995 (Cth);
- Centrelink pursuant to Social Security Act 1991 (Cth);
- Department of Veterans Affairs pursuant to Veteran’s Entitlements Act 1986 (Cth); and/or
- National Disability Insurance Agency pursuant to National Disability Insurance Scheme Act 2013 (Cth).
Pursuant to statute, law or contract – such as the contract that applies between you and your private health insurer – where a person receives personal injury compensation, they are liable to repay certain third parties – such as Medicare and any private health insurer – for treatment costs or expenses paid or contributed by those third parties in respect of injuries sustained the subject of the claim for which compensation is received.
Repayment amounts, as may apply to each Participant’s claim, will be deducted from each Participant’s Assessed Compensation Amount (if applicable) pursuant to the Distribution Scheme approved by the Court.
What is my Private Health repayment (if any)?
The Administrator is corresponding with private health insurers in relation to repayments. The Administrator will correspond with group members separately about any private health repayment obligations that may apply.
When will payments be made to participants?
Payments will not be made to participating group members until such time as:
- The 28-day period for seeking a Compensation Review has expired;
- All applications for Review (if any) have been determined;
- Any final adjustments up or down in accordance with clause 9 of the Settlement Distribution Scheme have been made;
- You have returned a validly completed, signed, witnessed and dated Deed Poll;
- All Required Repayments have been made to Medicare, private health insurers and other third-parties as applicable.
A final Notice of Assessment is anticipated to be issued to Participants on or before 25 November 2025, following the expiration of the Review period.
How do I provide by payment details?
The Administrator will write to you about your payment details on or before 24 October 2025. Do not provide your payment details yet.
What are the next steps?
The next steps include:
- A 28-day period for seeking a Compensation Review from 22 August 2025 to 19 September 2025;
- Determination of all applications for Review (if any);
- Any final adjustments up or down in accordance with clause 9 of the Settlement Distribution Scheme after the expiration of the Review period and all Reviews have been determined;
- A final Notice of Assessment is issued to Participants, expected to be on or before 25 November 2025, following the determination of any Reviews and the final adjustment under cl 9;
- You have returned your validly completed, signed, witnessed and dated Deed Poll by reply email to: TCI.ClassAction@turnerfreeman.com.au;
- We will ask you to upload your EFT details – don’t provide your personal bank account details yet;
- All Required Repayments are made to Medicare, private health funds and other third-parties as applicable;
- The Administrator will make the payments to Participants;
- The Administration of the Fund will cease.
When is the registration deadline? Can I still register my interest to take part in the Scheme?
Registration has closed.
*These FAQ’s are general in nature only, and should be read in conjunction with the Distribution Scheme, here.
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