Bradshaw v BSA Limited [2021] FCA 1080

Bradshaw v BSA Limited [2021] FCA 1080

Communications by BSA to group members during the opt out period were apt to mislead members regarding the risks of cross-claims, potentially compromising the integrity of the opt out process. To safeguard the opt out process and ensure accurate information, a corrective notice and communication protocol were warranted. Blanket restraints on communications were not appropriate; instead, a protocol ensuring written communications and opportunity for consultation before delivery satisfied the Court’s protective function.

Jurisdiction
Australia
Judgment Date
07 September 2021
Procedural Posture
Representative Proceeding / Interlocutory Application; Opt Out Period Administration
Outcome
Applicants’ interlocutory application partially granted; Respondent’s interlocutory application dismissed; Orders for corrective notice and communication protocol made.
Legal Topics
['representative Proceedings' 'class Actions' 'opt Out Process' 'corrective Notices' 'communication Protocols']
['employment and Industrial Relations' 'practice and Procedure'] ['representative Proceedings' 'class Actions' 'opt Out Process' 'corrective Notices' 'communication Protocols']

Case Brief

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Procedural Posture

Representative Proceeding / Interlocutory Application; Opt Out Period Administration

Legal Issues

  1. 1 ['Whether respondent made statements that may mislead group members and undermine the integrity of the opt out process' 'Whether a corrective notice and communication protocol should be imposed' 'Appropriateness of communication by respondent with group members during opt out period']

Ratio Decidendi

Communications by BSA to group members during the opt out period were apt to mislead members regarding the risks of cross-claims, potentially compromising the integrity of the opt out process. To safeguard the opt out process and ensure accurate information, a corrective notice and communication protocol were warranted. Blanket restraints on communications were not appropriate; instead, a protocol ensuring written communications and opportunity for consultation before delivery satisfied the Court’s protective function.

Court Disposition

Applicants’ interlocutory application partially granted; Respondent’s interlocutory application dismissed; Orders for corrective notice and communication protocol made.

Orders

  • ['Applicants to email and post the corrective Notice to all known group members, including those who have filed an Opt Out Notice.' 'Respondent and Applicants’ solicitors to post the Notice on their respective websites for the duration of the opt-out period.' 'Applicants to pay costs of publication of Notice, with...