McMullin, Brian & Anor v ICI Australia Operations Pty Ltd & Ors (No. 6) [1998] FCA 658

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - Representative proceedings - Group members consisting of unidentified members of described categories of people - Liability and some damages claims determined - Power of Court to "close the class" by requiring group members to identify themselves by a particular date - Discretionary considerations - Form and manner of distribution of notice - Time to be allowed. Federal Court of Australia Act 1976, ss 33V, 33Z, 33ZE and 33ZH. BRIAN McMULLIN and LEONE MARGARET McMULLIN v ICI AUSTRALIA OPERATIONS PTY LTD, ICI AUSTRALIA LTD and CROP CARE AUSTRALASIA PTY LTD NG305 of 1995 JUDGE: WILCOX J PLACE: SYDNEY DATE: 12 JUNE 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG305 of 1995

BETWEEN: BRIAN McMULLIN and LEONE MARGARET McMULLIN

Applicant

AND: ICI AUSTRALIA OPERATIONS PTY LTD

First respondent

ICI AUSTRALIA LTD

Second Respondent

CROP CARE AUSTRALASIA PTY LTD

Third respondent

JUDGE: WILCOX J

DATE OF ORDER: 29 MAY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Applicants on or before 30 June 1998 at the reasonable cost of the Respondents send by prepaid post to each person listed on a Department of Primary Industry or the Department of Agriculture data base as having had CFZ residues in cattle other than a person: (a) listed only as having residues <0.1 ppm; or (b) who is a person on the identified list of applicants referred to in paragraph 3; or (c) whose claim has been settled or heard, a notice in the form "A" annexed to these Minutes.

2. The Applicants on or before 30 June 1998 at the reasonable cost of the Respondents place on two occasions quarter page advertisements in the form "B" annexed to these Minutes in each of "The Land" and "Queensland Country Life" newspapers.