Hopkins v AECOM Australia Pty Ltd (No 2) [2013] FCA 115

Hopkins v AECOM Australia Pty Ltd (No 2) [2013] FCA 115

It would not be in the interests of justice to require all group members to answer the questionnaire at this stage. However, to avoid potential prejudice to the first respondent due to possible expiry of limitation periods for contribution claims in Victoria and Tasmania, the applicants' solicitors should take reasonable steps to ascertain which group members were resident or based in those States around the relevant period and submit the questionnaire only to them, with certain questions removed.

Jurisdiction
Australia
Judgment Date
22 February 2013
Procedural Posture
Representative Proceeding Under Part IVA of the Federal Court of Australia Act 1976 (cth) / Interlocutory Decision Regarding Questionnaire to Group Members
Outcome
Partial grant of the first respondent's application; direction for parties' legal representatives to confer regarding orders consistent with the reasons given.
Legal Topics
['representative Proceedings' 'discovery' 'court Directions' 'cross Claims' 'proportionate Liability' 'contribution' 'limitation Periods']
['civil Procedure' 'corporations Law' 'negligence'] ['representative Proceedings' 'discovery' 'court Directions' 'cross Claims' 'proportionate Liability' 'contribution' 'limitation Periods']

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Procedural Posture

Representative Proceeding Under Part IVA of the Federal Court of Australia Act 1976 (cth) / Interlocutory Decision Regarding Questionnaire to Group Members

Legal Issues

  1. 1 ["Whether the applicants' solicitors should be required to submit a questionnaire to group members for completion and return." 'Potential cross-claims for contribution against financial advisers and issues of limitation periods.' 'Appropriateness of requiring all or some group members to provide specific information at this stage of the proceeding.']

Ratio Decidendi

It would not be in the interests of justice to require all group members to answer the questionnaire at this stage. However, to avoid potential prejudice to the first respondent due to possible expiry of limitation periods for contribution claims in Victoria and Tasmania, the applicants' solicitors should take reasonable steps to ascertain which group members were resident or based in those States around the relevant period and submit the questionnaire only to them, with certain questions removed.

Court Disposition

Partial grant of the first respondent's application; direction for parties' legal representatives to confer regarding orders consistent with the reasons given.

Orders

  • ["Parties' legal representatives to confer to agree on a proposed form of order reflecting the views expressed in the judgment, particularly regarding the administration of the questionnaire to relevant group members."]