Wileypark Pty Ltd v AMP Limited [2018] FCAFC 143

FEDERAL COURT OF AUSTRALIA

Wileypark Pty Ltd v AMP Limited [2018] FCAFC 143 File numbers: VID 535 of 2018 VID 670 of 2018 VID 680 of 2018 NSD 878 of 2018

Judges: ALLSOP CJ, MIDDLETON AND BEACH JJ

Date of judgment: 29 August 2018

Catchwords: REPRESENTATIVE PROCEEDINGS – competing representative proceedings – applications to transfer four representative proceedings to Supreme Court of New South Wales under s 1337H of the Corporations Act 2001 (Cth) – competing proceeding filed in Supreme Court – anti-suit injunctions sought in Supreme Court in respect of Federal Court proceedings – management of competing class actions in different courts – importance of comity – Constitutional assumption of an integrated federal judicature REPRESENTATIVE PROCEEDINGS – competing representative proceedings – applications to transfer four representative proceedings to Supreme Court of New South Wales under s 1337H of the Corporations Act 2001 (Cth) – effect of transfer on operation of s 33ZE(1) of the Federal Court of Australia Act 1976 (Cth) – whether s 182 of the Civil Procedure Act 2005 (NSW) is picked up by s 79 of the Judiciary Act 1903 (Cth) in respect of proceedings to which s 1317K of the Corporations Act applies

Legislation: Constitution, s 75(v) Corporations Act 2001 (Cth), Part 7.10, ss 1041I, 1317HA, 1317K, 1337H, 1337N, 1337P, 1337R Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 20, 33A, 33C, 33ZE Judiciary Act 1903 (Cth), ss 78B, 79 Civil Procedure Act 2005 (NSW), Pt 10, ss 162, 182 Explanatory Memorandum, Federal Court of Australia Amendment Bill 1991 (Cth)