Williams v FAI Home Security Pty Ltd (No 3) [2000] FCA 1438

Williams v FAI Home Security Pty Ltd (No 3) [2000] FCA 1438

The incorrect statements disseminated to group members regarding the status of the proceeding and solicitors may influence recipients' decisions regarding opting out, thus to preserve the integrity of the opt out process under Pt IVA of the Act, FAI Home Security must send a correction notice to all recipients of the impugned documents.

Parties
Applicant: Timothy Williams; Applicant: Susan Williams; First Respondent: FAI Home Security Pty Ltd; Second Respondent: FAI Finance Pty Ltd
Jurisdiction
Australia
Judgment Date
13 October 2000
Procedural Posture
Representative Proceeding / Interlocutory Application Regarding Correction Notice and Injunction
Outcome
Application for correction notice granted; application for injunction not granted.
Legal Topics
Class Actions, Representative Proceedings, Court Notices, Communication With Group Members, Injunctive Relief
Civil Procedure Class Actions Representative Proceedings Court Notices Communication With Group Members Injunctive Relief

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Parties

Timothy Williams

Applicant

Susan Williams

Applicant

FAI Home Security Pty Ltd

First Respondent

FAI Finance Pty Ltd

Second Respondent

Procedural Posture

Representative Proceeding / Interlocutory Application Regarding Correction Notice and Injunction

Legal Issues

  1. 1 Whether publication of a correction notice is necessary to rectify inaccurate statements made to group members
  2. 2 Whether direct communication with group members by the respondent warrants an injunction

Ratio Decidendi

The incorrect statements disseminated to group members regarding the status of the proceeding and solicitors may influence recipients' decisions regarding opting out, thus to preserve the integrity of the opt out process under Pt IVA of the Act, FAI Home Security must send a correction notice to all recipients of the impugned documents.

Court Disposition

Application for correction notice granted; application for injunction not granted.

Orders

  • FAI Home Security Pty Ltd to send a correction notice, in specified terms, to all persons who received the two impugned documents before the opt out notice is published.
  • FAI Home Security Pty Ltd to provide the Court with information verifying the recipients and the manner and dates upon which the correction notice was sent.