Pabalan v Coles Supermarkets Australia Pty Ltd (Proposed Consent Orders) [2021] FCA 118

Pabalan v Coles Supermarkets Australia Pty Ltd (Proposed Consent Orders) [2021] FCA 118

The Court declined to make the proposed consent orders to vary class closure arrangements because to do so would require a substantive reconsideration of the power under s 33ZF to make such orders, a question on which there is now significant judicial doubt after the High Court's decision in BMW Australia Ltd v...

Source-derived case information.

Parties
Applicant: Maria Pabalan; Respondent: Coles Supermarkets Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
19 February 2021
Procedural Posture
Representative Proceedings / Interlocutory Application for Consent Orders
Outcome
Proposed consent orders refused
Legal Topics
Representative Proceedings, Consent Orders, Class Closure, Settlement Distribution
Practice and Procedure Employment and Industrial Relations Representative Proceedings Consent Orders Class Closure Settlement Distribution

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Parties

Maria Pabalan

Applicant

Coles Supermarkets Australia Pty Ltd

Respondent

Procedural Posture

Representative Proceedings / Interlocutory Application for Consent Orders

Legal Issues

  1. 1 Whether the Federal Court has power under s 33ZF of the Federal Court of Australia Act 1976 (Cth) to order class closure in representative proceedings

Ratio Decidendi

The Court declined to make the proposed consent orders to vary class closure arrangements because to do so would require a substantive reconsideration of the power under s 33ZF to make such orders, a question on which there is now significant judicial doubt after the High Court's decision in BMW Australia Ltd v Brewster. The preferred course was to decline the proposed orders without further delay or cost, leaving any necessary variation to be dealt with if and when settlement is reached.

Court Disposition

Proposed consent orders refused

Orders

  • No order made