Tyro Class Action
Official Registration Website
Claim in Federal Court of Australia arising from the Outage in January 2021
Register here to remain a group member in the Tyro Class Action and participate in the proceedings or any potential settlement
Who should register?
Any group member who wishes to remain a group member and actively participate in the Tyro Class Action or any potential settlement of the proceeding must register.
You are a Group Member if:
You have signed Tyro service agreements with Tyro;
You were a customer of Tyro as at 5 January 2021;
You have suffered loss or damage due to the Outage; and
You were not and are not a director, officer or close associate of Tyro, or a judge or a judicial registrar of the Federal Court of Australia
How much can I claim?
The amount that you can claim will depend on the financial loss that you suffered as a result of the outage to Tyro’s EFTPOS facility in January 2021 (Outage) and the evidence you provide of this loss. The different types of loss that you may claim include:
loss of profits;
loss of goodwill;
costs of mitigating losses, including obtaining temporary replacement EFTPOS terminals and payment processing services; and/or
increased costs arising from obtaining permanent replacement EFTPOS terminals and payment processing services.
Why should I register?
You should register so that your claim for any loss suffered as a result of the Outage may be considered as part of any settlement and so that you may receive a share of settlement monies (if any) resulting from any settlement of the proceeding.
While registration is not mandatory, failure to do so could have significant consequences. This is because the parties intend to seek an order that group members who do not register by the deadline (set out below) will not be entitled to participate in any agreed settlement.
What is the deadline to register?
Group members who intend to remain group members and who wish to participate in any potential settlement of the proceedings must register their claim before 4pm (Sydney time) on 30 October 2022.
How do I register as a group member?
A group member may register their claim by:
(a) completing the online registration process by clicking here:
(b) if you are unable to register online, contacting Bannister Law Class Actions through the contact details on its website (www.bannisterlaw.com.au).
The details that will need to be provided are as follows:
(a) your name and address and/or email address;
(b) if you run your business through a company or business name, the full name of the duly appointed officer or agent completing the registration form and the position they hold within the company or business (e.g.,director or partner); and
(c) your Australian Business Number.
During the registration process, you will also be asked to supply financial documents and other evidence to demonstrate the financial loss that you have suffered. You may be asked to send through further documents at a later time, and if you do not have those documents ready at the time of registration, you will have the option of providing them at a later point in time.
You do not need to register as a group member if you have already:
(a) retained Bannister Law Class Actions to act for you in connection with this proceeding or do so before 30 October 2022; or
(b) engaged Court House Capital Management Ltd to provide litigation funding services to you in connection with this proceeding.
Bannister Law can assist you in collating and providing information to support your claim. If you do wish to engage Bannister Law Class Actions to assist you, you will be given an option at the end of the registration process to retain Bannister Law Class Actions and directed to the webpage by which that engagement may be formalised by signing a Costs Disclosure Agreement.
About the action
What is the Tyro Class Action?
The Tyro Class Action relates to an outage to Tyro's EFTPOS facility in January 2021.
The Applicant alleges that Tyro:
(a) engaged in misleading or deceptive conduct and made false or misleading representations in contravention of the Australian Consumer Law (ACL) by making representations through its website and communications with prospective customers as to the reliability and availability of its EFTPOS facility and technical support services;
(b) breached a number of consumer guarantees contained in the ACL with respect to its EFTPOS terminals and the services it supplied to customers; and
(c) breached the provisions of its agreement for the provision of its services to its customers.
The Tyro Class Action seeks compensation for customers of Tyro who were affected by the Outage. Tyro denies liability in the proceedings.
What is a class action?
A class action is an action that is brought by one person (the Applicant) on his or her own behalf and on behalf of Group Members against another person (the Respondent). Class actions are commenced in circumstances where the Applicant and the Group Members have similar claims against the Respondent.
Group Members are “bound” by the outcome in the class action, unless they have opted out of the proceeding. A binding result can happen in two ways:
(a) in a judgment following trial, in which the Court will decide various factual and legal issues in respect of the claims made by the Applicant and persons who then remain as Group Members. Unless those decisions are successfully appealed, they bind the Applicant, Group Members and the Respondent. Importantly, if there are other proceedings between a person, who was a Group Member when the judgment was given, and the Respondent, it may be that neither of them will be permitted to raise arguments in that proceeding which are inconsistent with a factual or legal issue decided in the class action; or
(b) in a settlement of a class action. Where the settlement provides for compensation to Group Members it may extinguish all rights to compensation which a person who then remains as a Group Member might have against the Respondent which arise in any way out of the events or transactions which are the subject-matter of the class action.
If there is a judgment or a settlement of the Tyro Class Action and you are then a Group Member, you will not be able to pursue the same claims and may not be able to pursue similar or related claims against Tyro in other legal proceedings. If you consider that you have claims against Tyro which are based on your individual circumstances or otherwise additional to the claims described in the Tyro Class Action, then it is important that you seek independent legal advice about the potential binding effects of the class action before the deadline to register your interest to participate in any settlement or to opt out.
Is a Group Member liable for costs and charges?
Group Members in a class action are not individually responsible for the legal costs associated with bringing the class action. The costs of running the class action are being borne in the first instance by a litigation funder (CHC Investment Fund Pty Limited as trustee for the CHC Investment Fund Unit Trust (CHC)) and Bannister Law Class Actions.
If the class action is successful (that is, if money compensation is recovered through a judgment or settlement), the Court will be asked to distribute the legal costs incurred by Bannister Law Class Actions and CHC, and the funding costs which Group Members have agreed to pay CHC, from the money recovered equally among all persons who have benefitted from the class action. The effect of any such order, if made, would be that all Group Members who benefit will contribute to the legal and funding costs.
If the class action is unsuccessful, Group Members will have no liability to pay any legal and funding costs.
If the preparation or finalisation of your personal claim requires work to be done in relation to issues that are specific to your claim, you can engage Bannister Law Class Actions or other lawyers to do that work for you. This additional work may involve further fees payable by you.
The relevant Court documents in this case may be accessed through the hyperlinks below. This page will be updated with new Court documents after they have been filed with the Court.