Williams v FAI Home Security Pty Ltd [1999] FCA 1771

FEDERAL COURT OF AUSTRALIA

Williams v FAI Home Security Pty Ltd [1999] FCA 1771 PRACTICE AND PROCEDURE –Pt IVA Federal Court of Australia Act 1976 (Cth) representative proceeding – pleadings – degree of precision required in pleadings – need for group members and respondents to understand the nature of the case. Federal Court Rules: O 20 r2, O 11 r16 Federal Court of Australia Act 1976 (Cth): s 33C(1) Bright v Femcare [1999] FCA 1377 followed Harrison v Lidoform Pty Ltd (Hely J, 24 November 1998, unreported) followed

TIMOTHY WILLIAMS and SUSAN WILLIAMS v FAI HOME SECURITY PTY LTD & ANOR V 383 of 1999 GOLDBERG J 14 DECEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 383 of 1999

BETWEEN: TIMOTHY WILLIAMS and SUSAN WILLIAMS

Applicant

AND: FAI HOME SECURITY PTY LTD

(ACN 050 064 214)

First Respondent

FAI FINANCE PTY LTD

(ACN 053 262 561)

Second Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 14 DECEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicants have leave to file and serve a further amended statement of claim by 4.00 pm on 22 December 1999. 2. The applicants file and serve by 4.00 pm on 22 December 1999 further and better particulars of paras 9, 11, 16 and 18 of the amended statement of claim or of such paragraphs as are equivalent paragraphs in any further amended statement of claim. 3. The respondents file and serve an amended defence by 4.00 pm on 31 January 2000. 4. The directions hearing be adjourned to 2 February 2000. 5. Any costs thrown away by the filing and service of a further amended statement of claim be reserved. 6. The applicants pay the respondents' costs of the amended notice of motion filed 30 November 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules