Reilly v Australia and New Zealand Banking Group Limited [2020] FCA 436

Reilly v Australia and New Zealand Banking Group Limited [2020] FCA 436

Because the proceeding was at an early stage, defences had not been filed, no genuine steps discussions had occurred, and COVID-19 created practical difficulties for litigants and practitioners, discovery and procedural steps should be limited and timetabled to avoid wasted costs while still allowing the proceeding to progress to a further case management hearing. The Court therefore ordered defences by 5 June 2020, limited initial discovery and information by 19 June 2020, later conferral on discovery and opt out notice, and declined to make a formal order case managing the proceeding with VID 134 of 2020 while aligning the timetable for the present.

Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Representative Proceeding Concerning Credit Insurance Policies / Initial Case Management; Procedural Orders Determined on the Papers
Outcome
Procedural case management orders made; costs reserved.
Legal Topics
['timetable for Completion of Pleadings' 'discovery' 'notice of Commencement of Proceeding and Opt Out Rights' 'covid 19 Case Management Measures' 'misleading or Deceptive Conduct' 'unconscionable Conduct' 'best Interests Obligations' 'restitution']
['representative Proceedings' 'commercial and Corporations' 'commercial Contracts, Banking, Finance and Insurance' 'consumer Credit Insurance'] ['timetable for Completion of Pleadings' 'discovery' 'notice of Commencement of Proceeding and Opt Out Rights' 'covid 19 Case Management Measures' 'misleading or Deceptive Conduct' 'unconscionable Conduct' 'best Interests Obligations' 'restitution']

Case Brief

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Procedural Posture

Representative Proceeding Concerning Credit Insurance Policies / Initial Case Management; Procedural Orders Determined on the Papers

Legal Issues

  1. 1 ["What timetable should be set for the respondents' defences and any reply in light of the COVID-19 outbreak and the nature of the proceeding." 'Whether an initial tranche of discovery and affidavits about records and committees should be ordered before pleadings are closed.' "Whether the parties should confer about notice of commencement of the proceeding and group members' opt out rights before the next case management hearing." 'Whether this proceeding should be formally case managed together with proceeding VID 134 of 2020.']

Ratio Decidendi

Because the proceeding was at an early stage, defences had not been filed, no genuine steps discussions had occurred, and COVID-19 created practical difficulties for litigants and practitioners, discovery and procedural steps should be limited and timetabled to avoid wasted costs while still allowing the proceeding to progress to a further case management hearing. The Court therefore ordered defences by 5 June 2020, limited initial discovery and information by 19 June 2020, later conferral on discovery and opt out notice, and declined to make a formal order case managing the proceeding with VID 134 of 2020 while aligning the timetable for the present.

Court Disposition

Procedural case management orders made; costs reserved.

Orders

  • ['The respondents file and serve their defences on or before 5 June 2020.' 'The applicants file and serve any reply on or before 19 June 2020.' 'On or before 19 June 2020, the respondents make an initial tranche of discovery of specified applicant policy communications and policy documentation, and the first...