Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clark v National Australia Bank Limited (No 2) [2020] FCA 652 File number: VID 1238 of 2018
Judge: LEE J
Date of judgment: 8 May 2020
Catchwords: REPRESENTATIVE PROCEEDINGS – where order sought pursuant to ss 22, 23 or s 33ZF of the Federal Court of Australia Act 1976 (Cth), r 1.32 of the Federal Court Rules 2011 (Cth) and/or the Court's implied jurisdiction dismissing the proceeding – consideration as to how s 33ZB operates to bind group members to a settlement not the dismissal of the class action REPRESENTATIVE PROCEEDINGS – application for approval of settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – settlement approved PRACTICE AND PROCEDURE – where applicant sought confidentiality orders pursuant to Pt VAA of the Federal Court of Australia Act 1976 (Cth) in respect of extensive material put before the Court on the settlement application – consideration of threshold for the grant of such an order – consideration of principles of open justice as fundamental to the operation of the judicial power of the Commonwealth
Legislation: Federal Court of Australia Act 1976 (Cth) ss 22, 23, Pt IVA, ss 33V, 33ZB, 33ZF, Pt VAA Federal Court Rules 2011 (Cth) r 1.32
Cases cited: Hogan v Australian Crime Commission [2010] HCA 21; (2010) 240 CLR 651 Lifeplan Australia Friendly Society Limited v S&P Global Inc (Formerly McGraw-Hill Financial, Inc) (A Company Incorporated in New York) [2018] FCA 379 Stanford v DePuy International Ltd (No. 6) [2016] FCA 1452
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