Federal Court of Australia
Federal Court of Australia
R&B Investments Pty Ltd (Trustee) v Blue Sky (Reserved Question) [2024] FCAFC 89 File number: NSD 665 of 2022
Judgment of: MURPHY, BEACH, LEE JJ
Date of judgment: 5 July 2024
Catchwords: REPRESENTATIVE PROCEEDINGS – open class securities class action consolidated on terms – pending application for approval of notice to group members prior to opt-out – where common fund order proposed which would provide for the distribution of funds to a solicitor otherwise than as payment for costs and disbursements incurred in relation to the conduct of the proceeding – where extant controversy as to power to make Solicitors' CFO – where question reserved to the Full Court pursuant to s 25(6) of the Federal Court of Australia Act 1976 (Cth) – amended reserved question answered "yes"
Legislation: Constitution s 109 Federal Court of Australia Act 1976 (Cth) Pts IVA, VB, ss 5(2), 23, 25(6), 33J(1), 37M, 37M(3), 33V, 33V(1), 33V(2), 33X, 33X(1)(a), 33X(6), 33Y, 33Z, 33Z(1), 33Z(1)(g), 33Z(1)(f), 33Z(2), 33ZF, 33ZG, 33ZJ, 33ZJ(2) Federal Court Rules 2011 (Cth) r 9.21 Judiciary Act 1903 (Cth) ss 78B, 79 Australian Solicitors' Conduct Rules 2015 (NSW) rr 4.1.1, 4.1.3, 8.1, 9, 10, 11, 12, 12.2, 12.2(i) Legal Profession Uniform Law (NSW) Pt 9.2, ss 183, 183(1) Supreme Court Act 1986 (Vic) s 33ZDA Courts and Legal Services 1990 (UK) s 58AA Commonwealth, Second Reading Speech, House of Representatives, 14 November 1991
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