Federal Court of Australia
Federal Court of Australia
Thomas v Commonwealth Financial Planning Limited [2021] FCA 665 File number: VID 559 of 2020
Judgment of: BEACH J
Date of judgment: 18 June 2021
Catchwords: CORPORATIONS – group proceeding – claims for excess premiums – standing of applicants – claims as beneficiaries of superannuation trusts – beneficiaries having statutory causes of action – trustees of superannuation trusts having no cause of action – beneficiaries having no actionable loss – entities suffering losses – group definition adequacy – whether statutory claims can include loss of profits – pleading of fiduciary duty claims – pleading of knowing receipt claims – whether leave to replead should be given – orders made
Legislation: Corporations Act 2001 (Cth) ss 961B, 961J, 961L, 961M Federal Court of Australia Act 1976 (Cth) ss 33D, 33H, 33Q, 33T, 33ZB
Cases cited: Commonwealth Bank Officers Superannuation Corp Pty Ltd v Beck (2016) 334 ALR 692 Finch v Telstra Super Pty Ltd (2010) 242 CLR 254 J Wisbey & Associates Pty Ltd v UBS AG [2021] FCA 36 Macoun v Federal Commissioner of Taxation (2015) 257 CLR 519 Shimshon v MLC Nominees Pty Ltd [2020] VSC 640 V-Flow Pty Ltd v Holyoake Industries (Vic) Pty Ltd (2013) 296 ALR 418 Walsh Bay Developments Pty Ltd v Federal Commissioner of Taxation (1995) 130 ALR 415 Webster (Trustee) v Murray Goulburn Co-Operative Co. Limited (No 2) [2017] FCA 1260
Division: General Division
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