Williams v FAI Home Security Pty Ltd (No 4) [2000] FCA 1925

FEDERAL COURT OF AUSTRALIA

Williams v FAI Home Security Pty Ltd (No 4) [2000] FCA 1925 REPRESENTATIVE PROCEEDING – Court approval of proposed settlement – application to amend definition of group – whether definition of group members should be amended in absence of notice of proposed settlement – whether notice of proposed settlement should be given to group members as defined in original application – policy and purposes behind Pt IVA of the Federal Court of Australia Act 1976 (Cth) – whether just to approve settlement without notice being given to all group members – where settlement offer not made to all group members – where settlement offer limited to persons who contacted applicants' solicitors and signed fee and retainer agreement – where respondents made incorrect statements about the proceeding – whether correction notice also necessary before settlement approved. Federal Court of Australia Act 1976 (Cth): Pt IVA, s 33V, s 33X In re General Motors Corporation Pick‑Up Truck Fuel Tank Products Liability Litigation 55 F.3d 768 (3rd Cir. 1995) considered Deposit Guaranty National Bank v Roper (1980) 445 US 326 referred to Wong v Silkfield Pty Ltd (1999) 199 CLR 255 referred to Lopez v Star World Enterprises Pty Ltd (In Liq) [1999] FCA 104 referred to Johnson Tiles Pty Ltd v Esso Australia Ltd (1999) 94 FCR 167 considered TIMOTHY WILLIAMS and SUSAN WILLIAMS v FAI HOME SECURITY PTY LTD & ANOR (No 4) V 383 of 1999 GOLDBERG J 22 DECEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 383 of 1999

BETWEEN: TIMOTHY WILLIAMS and SUSAN WILLIAMS

Applicants

AND: FAI HOME SECURITY PTY LTD

(ACN 050 064 214)

First Respondent

FAI FINANCE PTY LTD

(ACN 053 262 561)