Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tutton v Chubb Insurance Australia Limited [2017] FCA 1113 File number: QUD 177 of 2017
Judge: RANGIAH J
Date of judgment: 20 September 2017
Catchwords: PRACTICE AND PROCEDURE – representative proceedings – application for approval of discontinuance – whether discontinuance or settlement adequately protects the interests of the group members as a whole – discontinuance approved
Legislation: Fair Work Act 2009 (Cth) s 45 Federal Court of Australia Act 1976 (Cth) s 33V
Cases cited: Simonetta v Spotless Group Holdings Limited [2017] FCA 1071 Wotton v Queensland [2009] FCA 758
Date of hearing: 13 September 2017
Registry: Queensland
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 11
Counsel for the Applicants: Mr J Dwyer
Solicitor for the Applicants: Jensen McConaghy Lawyers
Counsel for the Respondent: Mr H Dixon SC
Solicitor for the Respondent: Moray & Agnew Lawyers
ORDERS QUD 177 of 2017
BETWEEN: BENJAMIN TUTTON First Applicant
SYLVESTER REID Second Applicant
AND: CHUBB INSURANCE AUSTRALIA LIMITED (ABN 23 001 642 020) Respondent
JUDGE: RANGIAH J DATE OF ORDER: 20 September 2017
THE COURT ORDERS THAT:
1. The discontinuance of this proceeding is approved pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth). 2. The applicants have leave to discontinue the proceeding by filing a notice of discontinuance. 3. The solicitors for the applicants provide a copy of this judgment to each of the 39 group members by mail or email. 4. There be no order as to the costs of the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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