CJMcG Pty Ltd as Trustee for the CJMcG Superannuation Fund v Boral Limited (No 2) [2021] FCA 350

Federal Court of Australia

CJMcG Pty Ltd as Trustee for the CJMcG Superannuation Fund v Boral Limited (No 2) [2021] FCA 350 File numbers: NSD 340 of 2020 NSD 602 of 2020 NSD 935 of 2020

Judge: LEE J

Date of hearing: 31 March 2021

Catchwords: REPRESENTATIVE PROCEEDINGS – multiplicity of proceedings – where three substantially duplicative open class actions commenced – two funded class actions and one no win/no fee model – questions of carriage deferred pending delivery of judgment in Wigmans v AMP Limited [2021] HCA 7 – Court should strive to resolve carriage issues with a minimum of cost and a maximum of expedition – contrary to the administration of justice for substantially duplicative, open class proceedings to continue without sound justification – application of multi-factorial approach – consideration of discrete factors – new and innovative funding models – number of factors neutral – net return to group members most compelling factor – no win/no fee model most appropriate vehicle to advance group members' claims – one funded class action permanently stayed – other funded class action allowed to proceed as closed class REPRESENTATIVE PROCEEDINGS – observations on the requirement for solicitors (particularly in open class proceedings) to have regard to necessity to allocate work optimally as between employees and barristers when the relevant task may be able to be conducted more efficiently and cheaply by junior barristers than by employees