Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kemp v Westpac Banking Corporation (No 2) [2020] FCA 1392 File number(s): VID 134 of 2020
Judge(s): O'BRYAN J
Date of judgment: 25 September 2020
Date of publication of reasons: 29 September 2020
Catchwords: PRACTICE & PROCEDURE – representative proceeding – consumer credit insurance policies – case management –– scope of discovery – consideration of overarching purpose – whether broad order for discovery of emails is appropriate having regard to the issues in dispute and the overarching purpose – form of opt out orders – whether appropriate that opt out notice contains a link to a video prepared by the applicant
Legislation: Australian Securities and Investments Commission Act 2001 (Cth), ss 12DA, 12CB Corporations Act 2001 (Cth), ss 961B, 961G Federal Court of Australia Act 1976 (Cth), ss 33J, 33Q, 33R, 33X, 33Y, 33ZF, 37M, 43(1A) Federal Court Rules 2011, rr 20.11, 20.14, 20.15
Cases cited: Abbot v Zoetis Australia Pty Ltd (No 2) [2019] FCA 462 Australian Competition and Consumer Commission v Giraffe World Australia Pty Ltd (1998) 84 FCR 512 Australian Competition and Consumer Commission v Medibank Private Limited (2018) 267 FCR 544 Bray v F Hoffmann-La Roche Ltd (2003) 130 FCR 317 Commonwealth Bank of Australia v Kojic (2016) 249 FCR 421 Dyczynski v Gibson [2020] FCAFC 120 Kelly v Willmott Forests Ltd (in liquidation) (No 4) [2016] FCA 323; (2016) 335 ALR 439
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