Federal Court of Australia
Federal Court of Australia
Brett Cattle Company Pty Ltd v Minister for Agriculture (No 3) [2020] FCA 1628 File number(s): NSD 1102 of 2014
Judgment of: RARES J
Date of order: 8 October 2020
Date of reasons: 12 November 2020
Catchwords: REPRESENTATIVE PROCEEDINGS – statutory construction – approval of notice to group members pursuant to s 33X(5) of the Federal Court of Australia Act 1976 (Cth) where litigation funder had funded lead applicant since 2014 and had entered into funding agreements with 51 group members before 22 August 2020 – whether litigation funding scheme in existence – where notice stated that entry by group members into future litigation funding arrangements would not be subject of Australian Financial Services Licence and managed investment scheme requirements pursuant to reg 7.1.04N of the Corporations Regulations 2001 (Cth) – whether entry into new funding agreement with group member would be within exception in reg 10.38.01 of a litigation funding scheme entered into before or after 22 August 2020 – notice approved
Legislation: Corporations Act 2001 (Cth), s 764A Federal Court of Australia Act 1976 (Cth), s 33X Corporations Amendment (Litigation Funding) Regulations 2020 (Cth) Corporations Regulations 2001 (Cth), reg 7.1.04N, 10.38.01 Export Control (Export of Live-stock to the Republic of Indonesia) Order 2011 (Cth)
Cases cited: Australian Softwood Forests Pty Ltd v Attorney-General for the State of New South Wales; Ex relatione Corporate Affairs Commission (1981) 148 CLR 121 Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732
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