Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gill v Ethicon Sàrl (No 4) [2019] FCA 1814 File number: NSD 1590 of 2012
Judge: LEE J
Date of judgment: 1 November 2019
Catchwords: REPRESENTATIVE PROCEEDINGS – impact of delivery of substantive judgment upon new class members who have not had opportunity to opt-out – new class members added by recent but unnotified amendment excluded from class – whether Court has power to extend suspension of limitation periods that apply to individual claims of relevant group members – suspension unaffected by change to class definition but to avoid doubt order made by which current suspension of limitation period extended
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33J, 33K, 33ZB, 33ZE, 33ZF, 33V Judiciary Act 1903 (Cth) s 79 Supreme Court Act 1986 (Vic) Pt 4A, s 33J Federal Court of Australia Amendment Bill 1991 (Cth)
Cases cited: Ethicon Sàrl v Gill [2018] FCAFC 137; (2018) 264 FCR 394 Gill v Ethicon Sàrl (No 2) [2019] FCA 177; (2019) 134 ACSR 649 Gill v Ethicon Sàrl (No 3) [2019] FCA 587; (2019) 369 ALR 175. Lowe v Mack Trucks Australia Pty Ltd [2001] FCA 388 Rizeq v Western Australia [2017] HCA 23; (2017) 262 CLR 1 Turner v Tesa Mining (NSW) Pty Limited [2019] FCA 1644 Williams v FAI Home Security Pty Ltd (No 5) [2001] FCA 399 Grouped Proceedings in the Federal Court, Australian Law Reform Commission Report no 46
Date of hearing: 31 October 2019, 1 November 2019
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