Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CJMCG Pty Ltd as Trustee for the CJMCG Superannuation Fund v Boral Limited [2020] FCA 914 File numbers: NSD 340 of 2020 NSD 602 of 2020
Judge: LEE J
Date of judgment: 19 June 2020
Catchwords: REPRESENTATIVE PROCEEDINGS – multiplicity of proceedings – where two substantially duplicative open class actions commenced – where the Court advised of the potential commencement of a third open class proceeding –– contrary to the administration of justice for substantially duplicative, open class proceedings to continue without sound justification – whether further progress of proceedings should be deferred pending decision of High Court of Australia on appeal from Wigmans v AMP Ltd [2019] NSWCA 243; (2019) 373 ALR 323 PRACTICE AND PROCEDURE – duty of practitioners to inform the Court of possible intention to commence a class action which is substantially duplicative of proceedings currently on foot – remaining "mute" inimical to resolution of disputes in a quick, inexpensive and efficient manner
Legislation: Civil Dispute Resolution Act 2011 (Cth) Civil Procedure Act 2005 (NSW) Pt 10 Federal Court of Australia Act 1976 (Cth) Pt IVA
Cases cited: Perera v GetSwift Ltd [2018] FCA 732; (2018) 263 FCR 1 Perera v GetSwift Ltd [2018] FCAFC 202; (2018) 263 FCR 92 Wigmans v AMP Ltd [2019] NSWCA 243; (2019) 373 ALR 323 Wigmans v AMP Limited [2020] HCATrans 52 Central Practice Note: National Court Framework and Case Management (CPN-1) Class Actions Practice Note (GPN-CA)
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