CJMCG Pty Ltd as Trustee for the CJMCG Superannuation Fund v Boral Limited [2020] FCA 914

CJMCG Pty Ltd as Trustee for the CJMCG Superannuation Fund v Boral Limited [2020] FCA 914

Because the Quinn Emanuel proceeding and the Maurice Blackburn proceeding were substantially duplicative open class actions and a further proceeding by Phi Finney McDonald was possible, the Court vacated prior substantive case management orders, ordered the two existing proceedings to be case managed together, required any proposed applications to be filed promptly, and listed the matters for a further case management hearing at which it would decide whether to address multiplicity immediately or defer until the High Court's decision in Wigmans.

Jurisdiction
Australia
Judgment Date
19 June 2020
Procedural Posture
Representative Proceedings / Class Actions / Case Management Hearing
Outcome
Prior orders were vacated in part; the two proceedings were ordered to be case managed together and listed for further case management.
Legal Topics
['multiplicity of Proceedings' 'substantially Duplicative Open Class Actions' 'case Management' 'potential Deferral Pending High Court Appeal in Wigmans' 'duty of Practitioners to Inform the Court of Possible Duplicative Class Actions']
['representative Proceedings' 'practice and Procedure' 'commercial and Corporations'] ['multiplicity of Proceedings' 'substantially Duplicative Open Class Actions' 'case Management' 'potential Deferral Pending High Court Appeal in Wigmans' 'duty of Practitioners to Inform the Court of Possible Duplicative Class Actions']

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Procedural Posture

Representative Proceedings / Class Actions / Case Management Hearing

Legal Issues

  1. 1 ['Whether substantially duplicative open class proceedings should continue separately without sound justification.' "Whether consideration of multiplicity issues should be deferred pending the High Court's decision on appeal from Wigmans v AMP Ltd [2019] NSWCA 243; (2019) 373 ALR 323." 'How the Quinn Emanuel proceeding and the Maurice Blackburn proceeding should be case managed in light of a potential further proceeding by Phi Finney McDonald.' 'Whether practitioners should inform the Court when there is a not unrealistic prospect that a substantially duplicative open class proceeding will be commenced.']

Ratio Decidendi

Because the Quinn Emanuel proceeding and the Maurice Blackburn proceeding were substantially duplicative open class actions and a further proceeding by Phi Finney McDonald was possible, the Court vacated prior substantive case management orders, ordered the two existing proceedings to be case managed together, required any proposed applications to be filed promptly, and listed the matters for a further case management hearing at which it would decide whether to address multiplicity immediately or defer until the High Court's decision in Wigmans.

Court Disposition

Prior orders were vacated in part; the two proceedings were ordered to be case managed together and listed for further case management.

Orders

  • ['Orders 1 and 2 of the orders made on 23 July 2020 in NSD 340 of 2020 (Quinn Emanuel Proceeding) be vacated.' 'The Quinn Emanuel Proceeding and proceeding NSD 602 of 2020 (Maurice Blackburn Proceeding) be case managed together.' 'To the extent that any originating or interlocutory application is proposed to be...