Darcy v Medtel Pty Ltd [2001] FCA 1369

Darcy v Medtel Pty Ltd [2001] FCA 1369

The orders made are justified as the circumstances mirror those in Courtney v Medtel Pty Ltd; the Federal Court has authority to approve the opt-out notice and protocol pursuant to ss 33J, 33Y of the Act, and no party opposed the orders nor sought costs.

Jurisdiction
Australia
Judgment Date
26 September 2001
Procedural Posture
Representative Proceedings / Interlocutory Orders Regarding Opt Out Notice and Procedure
Outcome
orders granted as sought by applicant with respondent consent
Legal Topics
['opt Out Procedures' 'hazard Alerts' 'pacemaker Litigation']
['class Actions' 'civil Procedure'] ['opt Out Procedures' 'hazard Alerts' 'pacemaker Litigation']

Case Brief

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Procedural Posture

Representative Proceedings / Interlocutory Orders Regarding Opt Out Notice and Procedure

Legal Issues

  1. 1 ['approval of opt-out notice for group members under Federal Court of Australia Act 1976 (Cth)' 'determination of protocol for notification to group members, including deceased']

Ratio Decidendi

The orders made are justified as the circumstances mirror those in Courtney v Medtel Pty Ltd; the Federal Court has authority to approve the opt-out notice and protocol pursuant to ss 33J, 33Y of the Act, and no party opposed the orders nor sought costs.

Court Disposition

orders granted as sought by applicant with respondent consent

Orders

  • ['The notice of motion filed on 21 September 2001 by the applicant be made returnable instanter.' '30 November 2001 is fixed as the date group members may opt out of the proceedings pursuant to s 33J(1) of the Federal Court of Australia Act 1976 (Cth).' 'The form and content of the Opt-out Notice (Annexure RG1) is...