Tate v Westpac Banking Corporation (Common Fund Orders) [2019] FCA 405

Tate v Westpac Banking Corporation (Common Fund Orders) [2019] FCA 405

It is not appropriate to make a common fund order or related notice orders until the applicants have articulated their case by filing a formal statement of claim, in accordance with the Practice Note.

Jurisdiction
Australia
Judgment Date
25 March 2019
Procedural Posture
Representative Proceeding (class Action) / Interlocutory Application for Common Fund Order; Pre Filing of Statement of Claim
Outcome
Application for order requiring data provision refused at this stage; applicants directed to file statement of claim before such orders are considered.
Legal Topics
['common Fund Orders' 'notice to Group Members' 'part IVA Proceedings']
['civil Procedure' 'class Actions'] ['common Fund Orders' 'notice to Group Members' 'part IVA Proceedings']

Case Brief

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Procedural Posture

Representative Proceeding (class Action) / Interlocutory Application for Common Fund Order; Pre Filing of Statement of Claim

Legal Issues

  1. 1 ['Whether it is appropriate to make a common fund order prior to filing and service of a statement of claim' "Court's power to direct the provision of information for notice purposes in representative proceedings"]

Ratio Decidendi

It is not appropriate to make a common fund order or related notice orders until the applicants have articulated their case by filing a formal statement of claim, in accordance with the Practice Note.

Court Disposition

Application for order requiring data provision refused at this stage; applicants directed to file statement of claim before such orders are considered.

Orders

  • ['Applicants to file a statement of claim by 14 May 2019.' 'The topic of a common fund order may be revisited at the next case management hearing on 25 June 2019.']