Federal Court of Australia
Federal Court of Australia
Pabalan v Coles Supermarkets Australia Pty Ltd (Proposed Consent Orders) [2021] FCA 118 File number: NSD 542 of 2020
Judgment of: PERRAM J
Date of judgment: 19 February 2021
Catchwords: PRACTICE AND PROCEDURE – representative proceedings under Part IVA of Federal Court of Australia Act 1976 (Cth) ('the Act') – where proposed consent orders enlivened question of power to order under s 33ZF of the Act that group members register if they wished to participate in any settlement distribution
Legislation: Constitution s 75(v) Federal Court of Australia Act 1976 (Cth) ss 25(6), 33V, 33ZF, 37M Civil Procedure Act 2005 (NSW) s 183
Cases cited: BMW Australia Ltd v Brewster [2019] HCA 45; 374 ALR 627 Cameron v Cole (1944) 68 CLR 571 Furnell v Shahin Enterprises Pty Ltd [2021] FCA 73 Haselhurst v Toyota Motor Corporation Australia Ltd [2020] NSWCA 66; 101 NSWLR 890 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd [2017] FCAFC 98; 252 FCR 1 Re Macks; Ex parte Saint [2000] HCA 62; 204 CLR 158 Owners – Strata Plan No 87231 v 3A Composites GmbH (No 3) [2020] FCA 748 Wigmans v AMP Ltd [2020] NSWCA 104; 102 NSWLR 199
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 13
Date of last submissions: 15 February 2021
Date of hearing: Determined on the papers
Solicitor for the Applicant: Mr R Markham of Adero Law
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