Collin v Aspen Pharmacare Australia Pty Ltd [2013] FCA 952

Collin v Aspen Pharmacare Australia Pty Ltd [2013] FCA 952

The Court approved the notices and registration orders because the proposed notices contained appropriate information, the proposed method of notification was adequate, comprehensive steps had been taken since 2007 to identify group members, the class was likely to have been significantly captured, registration would enable finality if settlement were approved, and the time allowed for group members to respond was sufficiently ample.

Jurisdiction
Australia
Judgment Date
18 September 2013
Procedural Posture
Representative Proceeding Pursuant to Part IVA of the Federal Court of Australia Act 1976 (cth) / Application for Approval of the Form and Content of Notices to Group Members About Proposed Settlements and Related Registration Orders
Outcome
Approval granted; orders made as sought by the respondents, with the applicant joining in those orders.
Legal Topics
['court Approval of Notices to Group Members' 'proposed Settlement Approval Process' 'class Closure and Registration of Group Members' 'alleged Failure to Warn About Side Effects of Permax']
['practice and Procedure' 'representative Proceedings' 'product Liability'] ['court Approval of Notices to Group Members' 'proposed Settlement Approval Process' 'class Closure and Registration of Group Members' 'alleged Failure to Warn About Side Effects of Permax']

Case Brief

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Procedural Posture

Representative Proceeding Pursuant to Part IVA of the Federal Court of Australia Act 1976 (cth) / Application for Approval of the Form and Content of Notices to Group Members About Proposed Settlements and Related Registration Orders

Legal Issues

  1. 1 ['Whether the form and content of the notices of proposed settlements, and the manner of notification to group members, should be approved under ss 33X and 33Y of the Federal Court of Australia Act 1976 (Cth).' 'Whether orders should be made requiring group members wishing to participate in the proposed settlements to register by specified deadlines.' 'Whether class closure orders were appropriate and reasonable at this stage of the proceeding.']

Ratio Decidendi

The Court approved the notices and registration orders because the proposed notices contained appropriate information, the proposed method of notification was adequate, comprehensive steps had been taken since 2007 to identify group members, the class was likely to have been significantly captured, registration would enable finality if settlement were approved, and the time allowed for group members to respond was sufficiently ample.

Court Disposition

Approval granted; orders made as sought by the respondents, with the applicant joining in those orders.

Orders

  • ['The form and content of the Notice of Proposed Settlements in Schedule 1 was approved as the notice required under ss 33X and 33Y of the Federal Court of Australia Act 1976 (Cth).' 'The applicant, by his solicitors, was ordered to send, advertise and display the Notice of Proposed Settlements by the specified...