Wileypark Pty Ltd v AMP Limited [2018] FCA 1052

FEDERAL COURT OF AUSTRALIA

Wileypark Pty Ltd v AMP Limited [2018] FCA 1052 File number(s): VID 535 of 2018 NSD 878 of 2018 VID 670 of 2018 VID 680 of 2018

Judge(s): LEE J

Date of judgment: 11 July 2018

Catchwords: REPRESENTATIVE PROCEEDINGS – competing class actions – applications made to transfer four class actions to Supreme Court of New South Wales – case management orders made and hearing date fixed by docket judge in accordance with Practice Note to allow for the hearing of transfer applications in the Federal Court – subsequent applications made in the state court heard and determined in advance of existing listing in the Federal Court – potential anti-suit injunction would prevent compliance with existing orders of the Federal Court and the docket judge receiving submissions from interested applicant parties on the exercise of his discretion to transfer – directions made to inform the Court as to whether applicants in the Federal Court proceedings propose to bring an application to preserve the status quo so as to facilitate the hearing of any such applications potentially by a Full Court in the original jurisdiction

Legislation: Federal Court of Australia Act 1976 (Cth), s 20(1A) Jurisdictions of Courts (Cross-Vesting) Act 1987 (Vic) s 5 Class Actions Practice Note (GPN-CA)

Cases cited: Pegasus Leasing Ltd v Cadoroll Pty Ltd (1996) 59 FCR 152 Perera v GetSwift Limited [2018] FCA 732 Santos Ltd v Helix Energy Services Pty Ltd [2009] VSC 282; (2009) 28 VR 595 Wigmans v AMP Ltd [2018] NSWSC 1045 Heydon JD, Leeming MJ and Turner PG, Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (5th ed, LexisNexis Butterworths, 2015)