Stack v AMP Financial Planning Pty Limited [2020] FCA 1839

Stack v AMP Financial Planning Pty Limited [2020] FCA 1839

It is appropriate to consolidate the Stack and Winterton proceedings since all parties now agree and the joint protocol with a litigation committee will provide effective, fair representation to group members. No actual or potential conflict presently warrants a contradictor. Costs for any duplicative solicitor work...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 December 2020
Procedural Posture
Group Proceedings (representative/class Action) / Interlocutory Application for Consolidation of Proceedings
Outcome
Order for consolidation of proceedings made; no contradictor appointed; costs of interlocutory application are parties' costs in the cause.
Legal Topics
['consolidation of Proceedings' 'protocol for Joint Conduct' 'costs Management' 'role of Contradictor' 'solicitor Joint Representation']
['civil Procedure' 'class Actions' 'commercial Law'] ['consolidation of Proceedings' 'protocol for Joint Conduct' 'costs Management' 'role of Contradictor' 'solicitor Joint Representation']

Source-derived case record

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Procedural Posture

Group Proceedings (representative/class Action) / Interlocutory Application for Consolidation of Proceedings

Legal Issues

  1. 1 ['Whether to consolidate VID 489 of 2020 (Stack) and VID 566 of 2020 (Winterton) proceedings' 'Whether joint applicant protocol and joint solicitor carriage is appropriate' "Whether a contradictor should be appointed to safeguard group members' interests and monitor protocol" 'How to apportion or manage costs, including duplicative work and interlocutory application costs']

Ratio Decidendi

It is appropriate to consolidate the Stack and Winterton proceedings since all parties now agree and the joint protocol with a litigation committee will provide effective, fair representation to group members. No actual or potential conflict presently warrants a contradictor. Costs for any duplicative solicitor work are not recoverable from group members or respondents. Costs of the interlocutory application are to be in the cause as neither party acted unreasonably.

Court Disposition

Order for consolidation of proceedings made; no contradictor appointed; costs of interlocutory application are parties' costs in the cause.

Orders

  • ['Proceedings VID 489 of 2020 (Stack) and VID 566 of 2020 (Winterton) are consolidated and known as Stack & Ors v AMP Financial Planning Pty Limited & Ors, VID 489 of 2020.' 'Applicants in both proceedings will jointly be applicants in the consolidated proceeding; respondents as set out in the orders.' 'Piper...