Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oztech Pty Ltd v Public Trustee of Queensland [2015] FCA 1010 Citation: Oztech Pty Ltd v Public Trustee of Queensland [2015] FCA 1010
Parties: OZTECH PTY LTD v THE PUBLIC TRUSTEE OF QUEENSLAND
File number(s): NSD 937 of 2014
Judge(s): YATES J
Date of judgment: 14 September 2015
Catchwords: PRACTICE AND PROCEDURE – representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – applications for approval of notice to be sent to group members – whether opt out notice should be sent to group members – whether separate question should be heard and determined before sending opt out notice to group members
Legislation: Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 33J, 33X and 43 Federal Court Rules 2011 r 30.01 Practice Note CM 17 Public Trustee Act 1978 (Qld) s 134
Cases cited: Close Trustees (Switzerland) SA v Vildosola [2008] EWHC 1267 (Ch) Grizonic v Suttor [2011] NSWSC 471 Kation Pty Ltd v Lamru Pty Ltd (2009) 257 ALR 336 Muswellbrook Shire Council v Royal Bank of Scotland NV [2013] FCA 616 National Trustees Executors and Agency Company of Australasia Limited v Barnes (1941) 64 CLR 268 Tucker L, Le Poidevin N and Brightwell J, Lewin on Trusts (19th ed, Sweet & Maxwell, 2014)
Date of hearing: 1 September 2015
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
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