Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Multiplex Funds Management Limited v P Dawson Nominees Pty Limited [2007] FCAFC 200
PRACTICE AND PROCEDURE – Representative proceedings under Pt IVA of the Federal Court of Australia Act 1976 (Cth) – application by respondent for order under s 33N(1) of the Act that proceeding no longer continue as a representative proceeding under Pt IVA – criterion for membership of group that persons have entered a litigation funding agreement with particular funder – construction of paras (a), (b), (c) and (d) of s 33N(1) discussed – whether "policy" underlying Pt IVA can be identified and should be taken into account – whether criterion for membership of group inconsistent with Pt IVA Held: Primary Judge's decision that presence of criterion not inconsistent with Pt IVA and that order under s 33N(1) should not be made upheld. Federal Court of Australia Act 1976 (Cth) ss 33C(1), 33N(1)
Braverus Maritime Inc v Port Kembla Coal Terminal (2005) 148 FCR 68 cited Bright v Femcare Ltd (2002) 195 ALR 574 discussed Dorajay Pty Ltd v Aristocrat Leisure Ltd (2005) 147 FCR 394 discussed Jameson v Professional Investment Services Pty Ltd [2007] NSWSC 1437 discussed Knight v FP Special Assets Limited (1992) 174 CLR 178 cited O'Sullivan v Challenger Managed Investments Limited [2007] NSWSC 383 referred to P Dawson Nominees Pty Ltd v Multiplex Ltd [2007] FCA 1044 cited P Dawson Nominees Pty Ltd v Multiplex Ltd [2007] FCA 1061 followed PMT Partners Pty Limited (in liq) v Australian National Parks and Wildlife Service (1995) 184 CLR 301 cited Rod Investments (Vic) Pty Ltd v Clark [2005] VSC 449 discussed Wong v Silkfield Pty Ltd (1999) 199 CLR 255 cited Zhang v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 384 cited
Australian Law Reform Commission Report No 46: Grouped Proceedings in the Federal Court (1988) Morabito V, "Class actions instituted only for the benefit of the clients of the class representative's solicitors" (2007) 29 Sydney Law Review 5
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