Parkin v Boral Limited (Opt Out Notices) [2021] FCA 478

Parkin v Boral Limited (Opt Out Notices) [2021] FCA 478

It is within the Court’s power under Pt IVA of the Federal Court of Australia Act 1976 (Cth) to fix an opt out date and issue a notice to a subset of group members in a representative proceeding, having regard to the text, context and purpose of the legislation.

Jurisdiction
Australia
Judgment Date
27 April 2021
Procedural Posture
Representative Proceedings / Class Actions / Interlocutory Orders Regarding Opt Out Notices
Outcome
Opt out notices to be provided; mechanism and form to follow reasons and oral exchange.
Legal Topics
['representative Proceedings' 'opt Out Mechanism' 'multiplicity of Class Actions' 'notice Requirements' 'federal Court Procedure']
['civil Procedure' 'corporations Law'] ['representative Proceedings' 'opt Out Mechanism' 'multiplicity of Class Actions' 'notice Requirements' 'federal Court Procedure']

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Procedural Posture

Representative Proceedings / Class Actions / Interlocutory Orders Regarding Opt Out Notices

Legal Issues

  1. 1 ['Whether the Court has power to fix opt out dates and send opt out notices to subsets of group members in representative proceedings' 'Appropriate mechanism and timing for issuing opt out notices in duplicative open class actions' "Power to make 'soft class closure' orders"]

Ratio Decidendi

It is within the Court’s power under Pt IVA of the Federal Court of Australia Act 1976 (Cth) to fix an opt out date and issue a notice to a subset of group members in a representative proceeding, having regard to the text, context and purpose of the legislation.

Court Disposition

Opt out notices to be provided; mechanism and form to follow reasons and oral exchange.

Orders

  • ['The parties are to provide a short minute of order and a form of opt out notice giving effect to these reasons and the oral exchange on 27 April 2021.']