Bright v Femcare Limited [2002] FCAFC 243

FEDERAL COURT OF AUSTRALIA

Bright v Femcare Limited [2002] FCAFC 243

PRACTICE AND PROCEDURE– application for leave to appeal from interlocutory order under s 24(1A) Federal Court of Australia Act 1976 (Cth) – whether decision attended with sufficient doubt and substantial injustice would result – whether order discontinuing proceeding as representative is one of practice and procedure only – relevance of effect of order – whether Court should interfere with exercise of a discretion

PRACTICE AND PROCEDURE – representative proceedings under Pt IVA Federal Court of Australia Act 1976 (Cth) – whether s 33C satisfied – whether substantial common issues of law or fact – importance of compliance with s 33H in specifying common questions – operation of s 33C to claims – whether common questions determined by reference to findings which might be made at trial -–whether merger of questions under s 33C and s 33N – operation of s 33N in relation to disposition of issues – whether in interests of justice to order discontinuance under s 33N – whether inappropriate for claims to be pursued in representative proceedings – whether issues will be controversial – whether extent of findings possible relevant to order under s 33N – whether relevant to consider evidence in other claims rendered unnecessary by findings in representative proceeding – what findings on causation possible – whether application premature – relevance of procedure in determining common questions prior to discontinuing as representative proceeding – effect of determination of risk of injury – effect of determination whether conduct misleading and deceptive – whether costs of representative proceeding greater – whether substantial number of non-common issues sufficient for order of discontinuance – relevance of case management to assessment of representative proceedings – objects of representative proceedings – observations on excessive interlocutory proceedings in group proceedings