Muswellbrook Shire Council v The Royal Bank of Scotland NV [2016] FCA 819

FEDERAL COURT OF AUSTRALIA

Muswellbrook Shire Council v The Royal Bank of Scotland NV [2016] FCA 819 File number: NSD 1322 of 2012

Judge: RARES J

Date of judgment: 9 June 2016

Catchwords: PRACTICE AND PROCEDURE – representative proceedings – Federal Court of Australia Act 1976 (Cth) Pt IVA – whether Court has power under ss 33Q(1) and 33ZF(1), prior to making findings of liability, to require group members to take a positive step to register their details with the representative party's lawyers and identify nature and extent of their claims for purposes of a mediation at which the representative party would be authorised to negotiate a settlement of all group members' claims – where related proceeding has determined certain common issues of fact and law – where group members are institutional investors and local government councils – where order for registration procedure would assist respondent to estimate any potential liability and its quantum – whether order for registration appropriate or necessary to ensure that justice is done

Legislation: Federal Court of Australia Act 1976 (Cth) ss 33C, 33E, 33H, 33J, 33Q, 33V, 33W, 33X, 33Y, 33Z, 33ZA, 33ZB, 33ZF, 53A Supreme Court Act 1986 (Vic) s 33ZG

Cases cited: ABN Amro Bank NV v Bathurst Regional Council (2014) 224 FCR 1 Bathurst Regional Council v Local Government Financial Services Pty Ltd (No 5) [2012] FCA 1200 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303 Farey v National Australia Bank Limited [2014] FCA 1242 Inabu Pty Limited v Leighton Holding Limited [2014] FCA 622 Matthews v SPI Electricity Pty Limited (Ruling No 13) (2013) 39 VR 255 Mobil Oil Australia Pty Limited v Victoria (2002) 211 CLR 1 Owners of "Shin Kobe Maru" v Empire Shipping Co Inc (1994) 181 CLR 404 The Queen v Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd (1979) 144 CLR 45 Winterford v Pfizer Australia Pty Limited [2012] FCA 1199