Webb v GetSwift Limited [2018] FCA 783

Webb v GetSwift Limited [2018] FCA 783

Interim orders were appropriate under s 33ZF of the Federal Court of Australia Act 1976 (Cth) to restrain communications by Mr Perera and ILP18 (and their agents) with group members solely concerning opt out from the proceeding, until the Court determines the opt out process. This preserves the status quo, avoids potential for undue influence or confusion among group members, and maintains the integrity of court-approved procedures for opt out, with minimum necessary interference.

Parties
Applicant: Raffaele Webb; First Respondent: GetSwift Limited (ACN 604 611 556); Second Respondent: Joel Macdonald; A Group Member: Mr Perera
Jurisdiction
Australia
Judgment Date
28 May 2018
Procedural Posture
Representative Proceeding / Class Action / Interlocutory Application for Interim Orders Pending Opt Out Process Determination
Outcome
Interim orders granted restraining communications by Mr Perera and ILP18 regarding opt out until 8 June 2018; costs reserved.
Legal Topics
Interim Relief, Opt Out Process, Litigation Funding, Restraining Communications
Practice and Procedure Class Actions Interim Relief Opt Out Process Litigation Funding Restraining Communications

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Parties

Raffaele Webb

Applicant

GetSwift Limited (ACN 604 611 556)

First Respondent

Joel Macdonald

Second Respondent

Mr Perera

A Group Member

Procedural Posture

Representative Proceeding / Class Action / Interlocutory Application for Interim Orders Pending Opt Out Process Determination

Legal Issues

  1. 1 Whether it is appropriate and necessary to restrain contact by group members, litigation funders, or their agents regarding the opt out process pending the court's determination of opt out procedures under s 33ZF of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

Interim orders were appropriate under s 33ZF of the Federal Court of Australia Act 1976 (Cth) to restrain communications by Mr Perera and ILP18 (and their agents) with group members solely concerning opt out from the proceeding, until the Court determines the opt out process. This preserves the status quo, avoids potential for undue influence or confusion among group members, and maintains the integrity of court-approved procedures for opt out, with minimum necessary interference.

Court Disposition

Interim orders granted restraining communications by Mr Perera and ILP18 regarding opt out until 8 June 2018; costs reserved.

Orders

  • The applicant is granted leave to file and return instanter the interlocutory application dated 28 May 2018.
  • Until 4.15 pm on 8 June 2018, Mr Perera (and his servants and agents) are restrained from communicating with group members in this proceeding solely regarding the exercise of their right to opt out under s 33J.