Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Winterford v Pfizer Australia Pty Ltd [2012] FCA 1199 Citation: Winterford v Pfizer Australia Pty Ltd [2012] FCA 1199
Parties: IAN WINTERFORD v PFIZER AUSTRALIA PTY LTD (ACN 008 422 348) RODNEY COLLIN v ASPEN PHARMACARE AUSTRALIA PTY LTD (ACN 096 236 985) and ELI LILLY AUSTRALIA PTY LTD (ACN 000 233 992)
File number(s): VID 4 of 2010 VID 5 of 2010
Judge: BROMBERG J
Date of judgment: 18 October 2012
Catchwords: PRACTICE AND PROCEDURE – REPRESENTATIVE PROCEEDINGS – parties sought orders to close the class of group members – parties sought that any group member who failed to register would (subject to any further order) be barred from the benefit of any judgment obtained – whether Court has power to make such orders – design of class actions regime under Part IVA of Federal Court of Australia Act 1976 (Cth) discussed – whether compelling reason demonstrated to justify the Court requiring group members to take positive steps to facilitate closing the class of group members – whether the respondents' asserted need to better quantify potential group members' claims was a compelling reason – applications denied.
Legislation: Federal Court of Australia Act 1976 (Cth), Part IVA
Cases cited: McMullin v ICI Australia Operations Pty Ltd (1998) 84 FCR 1 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (No.2) [2003] VSC 212 King v AG Australia Holdings Ltd (formerly GIO Australia Holdings Ltd) [2002] FCA 1560 P Dawson Nominees Pty Ltd v Brookfield Multiplex Ltd (No 2) [2010] FCA 176 Mobil Oil Australia Pty Ltd v Victoria (2002) 211 CLR 1 Thomas v Powercor Australia Ltd (No.1) [2010] VSC 489 Perry v Powercor Australia Ltd [2012] VSC 113 Thomas v Powercor Australia Ltd [2011] VSC 614
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