Alford v AMP Superannuation Limited [2024] FCA 332

Alford v AMP Superannuation Limited [2024] FCA 332

The discontinuance of the proceeding as against the Fourth Respondent and in relation to claims concerning Platform Funds and Mature Products is not unfair, unreasonable, or adverse to the interests of group members as a whole, as the claims lack reasonable prospects of success. Confidentiality orders are appropriate to protect privileged material filed in support of the application.

Parties
First Applicant: Dale Robert Alford; Second Applicant: Sebastian Smith; Third Applicant: Anne Cooper; Fourth Applicant: Jodie Mitchell; First Respondent: AMP Superannuation Limited; Second Respondent: N. M Superannuation Pty Ltd; Third Respondent: AMP Life Limited; Fourth Respondent: NMMT Limited; Fifth Respondent: AMP Services Limited; Sixth Respondent: The National Mutual Life Association of Australasia Limited
Jurisdiction
Australia
Judgment Date
04 April 2024
Procedural Posture
Representative Proceeding / Application for Approval to Discontinue Part of Proceeding
Outcome
Discontinuance approved as sought. Confidentiality orders made.
Legal Topics
Representative Proceedings, Discontinuance, Superannuation Funds, Confidentiality Orders
Commercial Law Corporations Law Representative Proceedings Discontinuance Superannuation Funds Confidentiality Orders

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Parties

Dale Robert Alford

First Applicant

Sebastian Smith

Second Applicant

Anne Cooper

Third Applicant

Jodie Mitchell

Fourth Applicant

AMP Superannuation Limited

First Respondent

N. M Superannuation Pty Ltd

Second Respondent

AMP Life Limited

Third Respondent

NMMT Limited

Fourth Respondent

AMP Services Limited

Fifth Respondent

The National Mutual Life Association of Australasia Limited

Sixth Respondent

Procedural Posture

Representative Proceeding / Application for Approval to Discontinue Part of Proceeding

Legal Issues

  1. 1 Whether the discontinuance of the representative proceeding as against certain respondents and claims should be approved under s 33V of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether proposed confidentiality orders are appropriate

Ratio Decidendi

The discontinuance of the proceeding as against the Fourth Respondent and in relation to claims concerning Platform Funds and Mature Products is not unfair, unreasonable, or adverse to the interests of group members as a whole, as the claims lack reasonable prospects of success. Confidentiality orders are appropriate to protect privileged material filed in support of the application.

Court Disposition

Discontinuance approved as sought. Confidentiality orders made.

Orders

  • The discontinuance of this proceeding as against the Fourth Respondent is approved pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth) and r 26.12(4) of the Federal Court Rules 2011 (Cth).
  • The discontinuance of this proceeding in relation to claims about amounts invested in Platform Funds and Mature Products is approved.