Kuterba v Sirtex Medical Limited [2018] FCA 1467

Kuterba v Sirtex Medical Limited [2018] FCA 1467

It was held that class closure orders were not appropriate at this time as they would unjustifiably exclude non-registered class members from settlement benefits, contrary to the opt out regime, and that the applicants' proposed registration orders, which require but do not compel registration with sanctions, are sufficient to facilitate settlement and to ensure justice in the proceeding.

Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Representative Proceedings (class Action) / Interlocutory (opt Out and Registration Orders Prior to Mediation)
Outcome
Class closure orders refused; registration orders made as per applicants' proposal with modifications; no exclusion of unregistered class members from settlement at this stage.
Legal Topics
['opt Out Procedure' 'class Member Registration' 'class Closure Orders' 'settlement Facilitation']
['class Actions' 'corporations Law' 'commercial Law'] ['opt Out Procedure' 'class Member Registration' 'class Closure Orders' 'settlement Facilitation']

Case Brief

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Procedural Posture

Representative Proceedings (class Action) / Interlocutory (opt Out and Registration Orders Prior to Mediation)

Legal Issues

  1. 1 ['Whether class closure orders should be made to preclude unregistered class members from sharing in any settlement reached prior to trial.' 'What form class member registration orders should take in the circumstances.']

Ratio Decidendi

It was held that class closure orders were not appropriate at this time as they would unjustifiably exclude non-registered class members from settlement benefits, contrary to the opt out regime, and that the applicants' proposed registration orders, which require but do not compel registration with sanctions, are sufficient to facilitate settlement and to ensure justice in the proceeding.

Court Disposition

Class closure orders refused; registration orders made as per applicants' proposal with modifications; no exclusion of unregistered class members from settlement at this stage.

Orders

  • ['Class member registration by deadline ordered;' 'Opt out deadline set;' 'Notice regime set, with direct notification using share register;' 'Costs of distributing notice to be costs in the proceeding;' "Applicants to deliver anonymised registration data to respondent's solicitors and audit firm;" 'Confidentiality...