Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Calinoiu v QLD Law Group – A New Direction Pty Ltd [2019] FCA 2194 File number: NSD 1477 of 2018
Judge: LEE J
Date of judgment: 10 December 2019
Catchwords: REPRESENTATIVE PROCEEDINGS – application for approval of settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – settlement approved subject to undertaking given to the Court
Legislation: Civil Proceedings Act 2011 (Qld) Pt 13A Federal Court of Australia Act 1976 (Cth) ss 33N, 33V Legal Profession Act 2007 (Qld)
Cases cited: Lopez v Star World Enterprises Pty Ltd [1999] FCA 104; (1999) ATPR 41-678
Date of hearing: 10 December 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 10
Counsel for the Applicant: Mr S J Forrest
Solicitor for the Applicant: HopgoodGanim Lawyers
Counsel for the Respondent: Mr P Looney QC Mr A Maher
Solicitor for the Respondent: Eakin McCaffery Cox Lawyers
Counsel for Mr O'Brien: Ms M Harris
Counsel for Mrs O'Brien Mrs O'Brien appeared in person
ORDERS NSD 1477 of 2018
BETWEEN: MIHAELA ROXANA CALINOIU IN HER OWN RIGHT AND AS REPRESENTATIVE OF THE GROUP MEMBERS Applicant
AND: QLD LAW GROUP - A NEW DIRECTION PTY LTD Respondent
JUDGE: LEE J DATE OF ORDER: 10 DECEMBER 2019
ON THE UNDERTAKING TO THE COURT by the respondent that it will not raise against any Group Member who makes a claim against the respondent to which the proceeding relates any assertion that such claim is the subject of a time limitation that is inconsistent with s 33ZE of the Federal Court of Australia Act 1976 continuing to have effect for the period from the commencement of the proceeding to the date of this order notwithstanding that the proceeding has been dismissed. THE COURT ORDERS THAT: 1. The interlocutory application filed by the respondent on 23 September 2019 be dismissed. 2. The interlocutory application filed by Katherine O'Brien on 28 October 2019 be dismissed. 3. The interlocutory application filed by the applicant on 4 November 2019 be dismissed. 4. The proceeding be discontinued. 5. All existing costs orders be discharged. 6. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Schedule No: NSD1477/2018 Federal Court of Australia District Registry: New South Wales Division: General First Third Party JOHN DAVID O'BRIEN T/AS O'BRIEN LAWYERS Second Third Party JOHN DAVID O'BRIEN Third Third Party KATHERINE O'BRIEN Fourth Third Party GABRIEL BOGDAN CALINOIU
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