Australian Retirement Group Pty Ltd v The Commonwealth Bank of Australia Ltd (No 3) [2022] NSWSC 1188

Australian Retirement Group Pty Ltd v The Commonwealth Bank of Australia Ltd (No 3) [2022] NSWSC 1188

Opt out notice is to be sent to all customers whose accounts were reviewed, including those reviewed by way of annual or scheduled review, to ensure all potentially affected group members are notified about their opt out rights.

Jurisdiction
Australia
Judgment Date
26 August 2022
Procedural Posture
Representative Proceeding / Procedural Ruling on Opt Out Notice
Outcome
Orders made in accordance with agreed Short Minutes of Order; defendant granted liberty to apply if unable to comply with Order 4; matter listed for directions.
Legal Topics
['representative Proceedings' 'opt Out Notice' 'group Member Identification']
['civil Procedure'] ['representative Proceedings' 'opt Out Notice' 'group Member Identification']

Case Brief

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Procedural Posture

Representative Proceeding / Procedural Ruling on Opt Out Notice

Legal Issues

  1. 1 ['Which persons should receive a copy of the opt out notice in representative proceedings' 'Identity of group members as defined by Statement of Claim']

Ratio Decidendi

Opt out notice is to be sent to all customers whose accounts were reviewed, including those reviewed by way of annual or scheduled review, to ensure all potentially affected group members are notified about their opt out rights.

Court Disposition

Orders made in accordance with agreed Short Minutes of Order; defendant granted liberty to apply if unable to comply with Order 4; matter listed for directions.

Orders

  • ['Opt out notice to be sent to all customers whose accounts were reviewed including by way of annual or scheduled review.' 'Defendant granted liberty to apply on short notice to a judge of the Commercial List if unable to comply with Order 4.' 'Matter listed for directions on 24 March 2023.']