King v AG Australia Holdings Ltd (formerly GIO Australia Holdings Ltd) [2002] FCA 872

King v AG Australia Holdings Ltd (formerly GIO Australia Holdings Ltd) [2002] FCA 872

GIO is entitled to receive lists identifying MBC clients and potential clients but may only communicate with unrepresented group members in writing and must submit any draft correspondence in advance to MBC; no offer of settlement may be sent to any group member by GIO without leave of the Court. There is no waiver of privilege by MBC's reference to instructions in affidavit; leave is required to use court documents in other contempt proceedings, and is refused in relation to the affidavit at present.

Jurisdiction
Australia
Judgment Date
11 July 2002
Procedural Posture
Representative Proceeding (group Proceedings) / Interlocutory Applications / Pre Trial Directions
Outcome
Partially granted. Client lists to be provided; communications and settlement offers by GIO to group members restricted and require supervision/leave; privilege claim upheld; use of affidavit in contempt proceedings refused at present.
Legal Topics
['communications With Unrepresented Group Members' 'settlement of Individual Claims in Group Proceedings' 'legal Professional Privilege and Waiver' 'costs in Representative Proceedings' 'leave to Use Affidavits in Other Proceedings']
['practice and Procedure' 'representative (group) Proceedings'] ['communications With Unrepresented Group Members' 'settlement of Individual Claims in Group Proceedings' 'legal Professional Privilege and Waiver' 'costs in Representative Proceedings' 'leave to Use Affidavits in Other Proceedings']

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Procedural Posture

Representative Proceeding (group Proceedings) / Interlocutory Applications / Pre Trial Directions

Legal Issues

  1. 1 ['Can a respondent in group proceedings communicate with unrepresented group members and under what conditions?' 'Is Court approval required before written communication is sent to group members?' 'Is there a fiduciary relationship between solicitors for the representative party and unrepresented group members?' 'Can offers of settlement be made by a respondent to individual group members without Court approval?' 'Is there waiver of legal professional privilege by reference to instructions in affidavits?' 'Is leave required to use court documents from these proceedings in contempt proceedings in another jurisdiction?']

Ratio Decidendi

GIO is entitled to receive lists identifying MBC clients and potential clients but may only communicate with unrepresented group members in writing and must submit any draft correspondence in advance to MBC; no offer of settlement may be sent to any group member by GIO without leave of the Court. There is no waiver of privilege by MBC's reference to instructions in affidavit; leave is required to use court documents in other contempt proceedings, and is refused in relation to the affidavit at present.

Court Disposition

Partially granted. Client lists to be provided; communications and settlement offers by GIO to group members restricted and require supervision/leave; privilege claim upheld; use of affidavit in contempt proceedings refused at present.

Orders

  • ['Maurice Blackburn Cashman to provide GIO with a list of names and addresses of its fee/retainer clients and those who registered interest.' 'GIO to give MBC any correspondence draft to be sent to group members at least 10 days prior to sending.' 'GIO may only communicate in writing with group members, subject to...