Federal Court of Australia
Federal Court of Australia
Parkin v Boral Limited (Opt Out Notices) [2021] FCA 478 File numbers: NSD 602 of 2020 NSD 935 of 2020
Judge: LEE J
Date of hearing: 27 April 2021
Catchwords: REPRESENTATIVE PROCEEDINGS – where three substantially duplicative open class actions commenced – two funded class actions and one no win/no fee model – one funded class action permanently stayed – other funded class action allowed to proceed as closed class – form of opt out notices to be sent to group members in both proceedings – whether opt out notices should be sent simultaneously or a staggered approach should be adopted – power of Court to issue an opt out notice to a subset of group members – consideration of the text, context and purpose of Pt IVA of the Federal Court of Australia Act 1976 (Cth) – clearly within power to issue opt out notices to different group members at different times – uncertainty of whether "soft class closure" orders within power – issue that will need to be the subject of detailed argument at a later time if pressed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33E, 33J, 33K, 33X, 33Y
Cases cited: CJMcG Pty Ltd as Trustee for the CJMcG Superannuation Fund v Boral Limited (No 2) [2021] FCA 350 Gill v Ethicon Sàrl (No 2) [2019] FCA 177; (2019) 134 ACSR 649 Haselhurst v Toyota Motor Corporation Australia Ltd [2020] NSWCA 66; (2020) 101 NSWLR 890 Wigmans v AMP Ltd [2020] NSWCA 104; (2020) 102 NSWLR 199
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