Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Newstart 123 Pty Ltd v Billabong International Ltd [2016] FCA 1194 File number: VID 143 of 2015
Judge: BEACH J
Date of judgment: 7 October 2016
Catchwords: REPRESENTATIVE PROCEEDING – approval of settlement – s 33V(1) of Federal Court of Australia Act 1976 (Cth) – whether proposed settlement is fair and reasonable as between group members and the respondent – whether proposed distribution scheme is fair and reasonable as between group members – authority to give releases – claims of unregistered group members – scope of s 33ZF of the Federal Court of Australia Act 1976 (Cth) – approval granted
Legislation: Constitution s 51(xxxi) Federal Court of Australia Act 1976 (Cth) ss 33V, 33Z, 33ZB, 33ZF
Cases cited: Camilleri v The Trust Company (Nominees) Ltd [2015] FCA 1468 Courtney v Medtel Pty Ltd (No 5) (2004) 212 ALR 311; [2004] FCA 1406 Earglow Pty Ltd v Newcrest Mining Ltd (2015) 230 FCR 469 Farey v National Australia Bank Ltd [2016] FCA 340 Foley v Gay [2016] FCA 273 Georgiadis v Australian and Overseas Telecommunications Corporation (1994) 179 CLR 297 Mutual Pools & Staff Pty Ltd v Commonwealth of Australia (1994) 179 CLR 155 Nintendo Co Ltd v Centronics Systems Pty Ltd (1994) 181 CLR 134 Re HIH Insurance Ltd (In Liq) (2016) 113 ACSR 318; [2016] NSWSC 482 Williams v FAI Home Security Pty Ltd (No 4) (2000) 180 ALR 459; [2000] FCA 1925
Date of hearing: 7 October 2016
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