Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fisher (trustee for the Tramik Super Fund Trust) v Vocus Group Limited [2019] FCA 712 File number: VID 419 of 2019
Judge: MOSHINSKY J
Date of judgment: 21 May 2019
Catchwords: PRACTICE AND PROCEDURE – representative proceeding – orders in aid of mediation – where parties jointly proposed that group members have option to opt out of the proceeding or to register their claim – where parties proposed that a group member who did not opt out and did not register would not be entitled to receive any benefit or monetary compensation from any settlement (to be approved by the Court) of the proceeding agreed at the mediation or within six months after the conclusion of the mediation, but would be bound by any such settlement including any releases given to the respondent – whether power to make proposed orders – whether orders appropriate in the circumstances
Legislation: Civil Dispute Resolution Act 2011 (Cth) Corporations Act 2001 (Cth), s 674 Federal Court of Australia Act 1976 (Cth), ss 33ZF, 37M
Cases cited: Bradgate (Trustee) v Ashley Services Group Limited [2017] FCA 1591 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd (2017) 252 FCR 1
Date of hearing: 15 May 2019
Date of last submissions: 20 May 2019
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicants: Mr WAD Edwards with Mr DJ Fahey
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