AUB19 v Commonwealth of Australia [2019] FCA 1722

AUB19 v Commonwealth of Australia [2019] FCA 1722

The proceedings were commenced and intended to proceed as representative proceedings, including by the parties' correspondence and the statements of claim invoking r 21.09 of the High Court Rules 2004 (Cth), so Court approval for discontinuance was required under s 33V. Approval was granted because, at the early stage of the proceedings, discontinuance was fair and reasonable having regard to affected class members: each party would bear its own costs, the discontinuance was without prejudice to applicants' and group members' rights, and continuation could expose applicants to adverse costs orders in light of substantial objections to the pleadings.

Jurisdiction
Australia
Judgment Date
22 October 2019
Procedural Posture
Representative Proceedings / Determined on the Papers; Approval Sought for Discontinuance
Outcome
Approval granted for discontinuance of both proceedings.
Legal Topics
['representative Proceedings' 'discontinuance' 'court Approval Under S 33 V of the Federal Court of Australia Act 1976 (cth)' 'pt IVA of the Federal Court of Australia Act 1976 (cth)']
['practice and Procedure'] ['representative Proceedings' 'discontinuance' 'court Approval Under S 33 V of the Federal Court of Australia Act 1976 (cth)' 'pt IVA of the Federal Court of Australia Act 1976 (cth)']

Case Brief

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Procedural Posture

Representative Proceedings / Determined on the Papers; Approval Sought for Discontinuance

Legal Issues

  1. 1 ['Whether the proceedings were representative proceedings governed by Pt IVA of the Federal Court of Australia Act 1976 (Cth).' 'Whether approval of the Court was required under s 33V of the Federal Court of Australia Act 1976 (Cth) to discontinue the proceedings.' 'Whether discontinuance was fair and reasonable having regard to the interests of affected class members.']

Ratio Decidendi

The proceedings were commenced and intended to proceed as representative proceedings, including by the parties' correspondence and the statements of claim invoking r 21.09 of the High Court Rules 2004 (Cth), so Court approval for discontinuance was required under s 33V. Approval was granted because, at the early stage of the proceedings, discontinuance was fair and reasonable having regard to affected class members: each party would bear its own costs, the discontinuance was without prejudice to applicants' and group members' rights, and continuation could expose applicants to adverse costs orders in light of substantial objections to the pleadings.

Court Disposition

Approval granted for discontinuance of both proceedings.

Orders

  • ['Proceedings VID185/2019 and VID186/2019 be discontinued, with the approval of the Court.' 'Each party is to bear its own costs of the proceedings.' 'The discontinuance is without prejudice to any claims the applicants in each proceeding may have whether as individuals or representatives, and without prejudice to...