Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hopkins v AECOM Australia Pty Ltd (No 2) [2013] FCA 115 Citation: Hopkins v AECOM Australia Pty Ltd (No 2) [2013] FCA 115
Parties: STEPHEN HOPKINS AS TRUSTEE FOR THE HOPKINS SUPERANNUATION FUND and KIM DENISE HOPKINS AS TRUSTEE FOR THE HOPKINS SUPERANNUATION FUND v AECOM AUSTRALIA PTY LTD (ACN 093 846 925) (FORMERLY KNOWN AS MAUNSELL AUSTRALIA PTY LTD) and RiverCity Motorway Management Limited (Administrators appointed) (ACN 117 343 361) and RiverCity Motorway Services Pty Limited (Administrators appointed) (Receivers and Managers appointed) (ACN 117 139 992)
File number: NSD 757 of 2012
Judge: NICHOLAS J
Date of judgment: 22 February 2013
Corrigendum: 28 February 2013
Catchwords: PRACTICE AND PROCEDURE – representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – whether applicants' solicitors should be required to submit questionnaire to group members for completion and return – where group members acquired interest in stapled units – where group members may have received advice from financial advisers – potential cross-claims for contribution – where possibility of prejudice to first respondent as a result of expiration of limitation periods – where possibility of prejudice confined to particular sub-class of group.
Legislation: Federal Court of Australia Act 1976 (Cth) Part IVA, s 33ZF, s 37P, s 37M, Corporations Act 2001 (Cth) s 1022B(2), s 1041I, s 1041L(1), Pt 7.10, Div 2A Civil Liability Act 2002 (NSW) Pt IV Judiciary Act 1903 (Cth) s 79 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 5(1)(c) Law Reform Act 1995 (Qld) s 6(c) Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA) s 7(c) Law Reform (Miscellaneous Provisions) Act 1956 (NT) s 12(4) Civil Law (Wrongs) Act 2002 (ACT) s 19 and s 21 Wrongs Act 1958 (Vic) s 23A and s 23B, s 24(4) Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) s 4 and s 6 Wrongs Act 1954 (Tas) s 2, s 3(1)(c), s 3(5), s 3(6)
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