Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jones v Treasury Wine Estates Limited (No 2) [2017] FCA 296 File number: NSD 660 of 2014
Judge: FOSTER J
Date of judgment: 23 March 2017
Catchwords: PRACTICE AND PROCEDURE – class actions – whether personal service of a combined opt out and group registration notice should be effected upon group members having regard to the requirements of s 33Y(5) of the Federal Court of Australia Act 1976 (Cth) and the circumstances of the present case – whether, in an investor class action, as part of a claims registration process, group members should be required to furnish to the funder or the plaintiff's solicitors trading information in relation to transactions in the securities the subject of the proceeding which took place after the period pleaded as the relevant period for the purposes of the proceeding – whether a class closure order and related preclusion order should be made at the present time for the purposes of upcoming settlement negotiations as well as for the purposes of the proceeding generally including in relation to judgment after a contested trial even though the initial trial has not yet commenced
Legislation: Australian Consumer Law Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth), s 674(2) Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 33J, 33V, 33X, 33Y and 33ZF Supreme Court Act 1986 (Vic), s 33ZG
Cases cited: Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (2016) 243 FCR 474 Earglow Pty Ltd v Newcrest Mining Ltd (2015) 230 FCR 469 Femcare Ltd v Bright (2000) 100 FCR 331 Matthews v SPI Electricity Pty Ltd (No 13) (2013) 39 VR 255 McMullin v ICI Australia Operations Pty Ltd (1998) 84 FCR 1 Mobil Oil Australia Pty Ltd v Victoria (2002) 211 CLR 1 Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Ltd (2016) 338 ALR 188 P Dawson Nominees Pty Ltd v Brookfield Multiplex Ltd (No 2) [2010] FCA 176 Winterford v Pfizer Australia Pty Ltd [2012] FCA 1199
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