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Key decisions

  • Sister Marie Brigid Arthur (Litigation Representative) v Northern Territory of Australia [2019] FCA 859
  • Lucas v Zomay Holdings Pty Ltd [2019] FCA 830
  • Masters v Cameron (1954) 91 CLR 353 at 360-361: at [60]-[63]
  • Gambaro v Mobycom Mobile Pty Ltd [2019] FCA 910
  • Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Laverton North and Cheltenham Premises case) (No 2) [2019] FCA 973
  • AIG Australia Limited v Kaboko Mining Limited [2019] FCAFC 96

Class actions

Dispensation from giving notice to group members of the commencement of the proceedings, of their right to opt out of the proceedings and of the application for approval of the settlement 

In Sister Marie Brigid Arthur (Litigation Representative) v Northern Territory of Australia [2019] FCA 859 (30 May 2019), the Court made orders:

  1. pursuant to s 33X(2) of the Federal Court of Australia Act 1976 (Cth) (the ‘FCA Act’), for the applicant to be relieved from the requirement to give notice to group members of the commencement of the proceeding and of their right to opt out of the proceeding; and
  2. pursuant to s 33X(4) of the FCA Act, for the applicant to be relieved from the requirement to give notice to group members of the application for approval of the settlement.

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