Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fisher (trustee for the Tramik Super Fund Trust) v Vocus Group Limited (No 2) [2020] FCA 579 File number: VID 419 of 2019
Judge: MOSHINSKY J
Date of judgment: 4 May 2020
Catchwords: REPRESENTATIVE PROCEEDINGS – application for approval of settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – applicable principles – whether proposed settlement fair and reasonable – whether proposed treatment of unregistered group members fair and reasonable – whether proposed deductions, including a proposed deduction for funding commission, were fair and reasonable
Legislation: Australian Securities and Investments Commission Act 2001 (Cth), s 12DA Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, s 18 Corporations Act 2001 (Cth), ss 674, 1041H Federal Court of Australia Act 1976 (Cth), ss 22, 23, 33V, 33ZB, 33ZF Civil Procedure Act 2005 (NSW), s 183
Cases cited: Australian Competition and Consumer Commission v Chats House Investments Pty Limited (1996) 71 FCR 250 Australian Securities and Investments Commission v Richards [2013] FCAFC 89 BMW Australia Ltd v Brewster (2019) 374 ALR 627; [2019] HCA 45 Camilleri v The Trust Company (Nominees) Limited [2015] FCA 1468 Darwalla Milling Co Pty Ltd v F Hoffman-La Roche Ltd (No 2) (2006) 236 ALR 322 Haselhurst v Toyota Motor Corporation Australia Ltd [2020] NSWCA 66 Haslam v Money for Living (Aust) Pty Ltd (Administrators Appointed) [2007] FCA 897 Inabu Pty Ltd as trustee for the Alidas Superannuation Fund v CIMIC Group Ltd [2020] FCA 510 Lenthall v Westpac Banking Corporation (No 2) [2020] FCA 423 Matthews v Ausnet Electricity Services Pty Ltd [2014] VSC 663 McKay Super Solutions Pty Ltd (Trustee) v Bellamy's Australia Ltd (No 3) [2020] FCA 461 Mercieca v SPI Electricity Pty Ltd [2012] VSC 204 Modtech Engineering Pty Limited v GPT Management Holdings Limited [2013] FCA 626 Newstart 123 Pty Ltd (ACN 001 833 129) v Billabong International Ltd (2016) 343 ALR 662 Pharm-a-Care Laboratories Pty Ltd v Commonwealth (No 6) [2011] FCA 277 Rod Investments (Vic) Pty Ltd v Abeyratne [2010] VSC 457 Taylor v Telstra Corporation Ltd [2007] FCA 2008 Wheelahan v City of Casey [2011] VSC 215 Williams v FAI Home Security Pty Ltd (No 4) (2000) 180 ALR 459 Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) (No 9) [2013] FCA 1350 Wong v Silkfield Pty Ltd [2000] FCA 1421
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