Federal Court of Australia
Federal Court of Australia
White v UGL Operations and Maintenance Pty Ltd [2021] FCA 587 File number: WAD 41 of 2021
Judgment of: COLVIN J
Date of judgment: 2 June 2021
Catchwords: PRACTICE AND PROCEDURE - representative proceeding - where unions entered into litigation funding agreement for representative proceedings - where litigation funding agreement provided to respondent - where respondent foreshadows an application against unions under s 1324 of Corporations Act 2001 (Cth) - whether respondent be released from implied undertaking not to use litigation funding agreement other than for purposes of this proceeding - whether good reason demonstrated
Legislation: Corporations Act 2001 (Cth) s 1324 Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) Part VIA Federal Court Rules 2011 (Cth)
Cases cited: Aurel Forras Pty Ltd v Graham Karp Developments Pty Ltd [1975] VR 202 Brookfield Multiplex Limited v International Litigation Funding Partners Pte Ltd [2009] FCAFC 147; (2009) 180 FCR 11 Carna Group Pty Ltd v Griffin Coal Mining Company [2019] FCA 1276 Frigger v Trenfield (No 5) [2020] FCA 827 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3 McDonnell and East Ltd v McGregor (1936) 56 CLR 50 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217
Division: Fair Work Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
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