Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cantor v Audi Australia Pty Limited (No 2) [2017] FCA 1042 File numbers: NSD 1307 of 2015 NSD 1308 of 2015 NSD 1459 of 2015 NSD 1472 of 2015 NSD 1473 of 2015
Judge: FOSTER J
Date of judgment: 1 September 2017
Catchwords: PRACTICE AND PROCEDURE – whether, in all the circumstances, where two groups of class actions have been brought in relation to the same subject matter and where those actions have hitherto been allowed to continue in parallel, the Court should not commence the opt out process in respect of those actions until it has made a determination as to whether it will require group members immediately to elect between groups or to do so as part of the opt out process itself – whether the Court should include within the proposed opt out notices certain statements by way of clarification or correction of representations made by the respondents to the public (including their customers) from time to time in relation to issues arising in the class actions or in relation to matters connected to such issues – what, in all the circumstances, is the appropriate form of opt out notices to be deployed, how should they be distributed and at whose cost
Legislation: Evidence Act 1995 (Cth), s 190(3) Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 33J, 33X, 33Y, 33ZF Privacy Act 1988 (Cth)
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