O'Donnell v Commonwealth of Australia [2021] FCA 1223

FEDERAL COURT OF AUSTRALIA

O'Donnell v Commonwealth of Australia [2021] FCA 1223 File number: VID 482 of 2020

Judgment of: MURPHY J

Date of judgment: 8 October 2021

Catchwords: PRACTICE AND PROCEDURE – application to strike-out amended statement of claim pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) – application for leave to file a proposed second further amended statement of claim – proper approach to adequacy of pleadings having regard to modern case management and information asymmetry between the parties – pleading of misleading or deceptive conduct case held to be adequate at this stage of the case – whether the applicant has standing to bring the other claims in the proceeding – whether the applicant has a real interest and/or a special interest in the subject matter of the litigation – held that the applicant does not have standing to bring the other claims REPRESENTATIVE PROCEDURE – representative proceeding under r 9.21 of the Rules – whether to exercise discretion to order that the proceeding not continue as a representative proceeding – whether the applicant has the same interest as represented persons – whether represented persons may suffer a detriment through the representative proceeding – whether the applicant should provide notice of the proceeding to represented persons and provide an opportunity to opt out – refusal to order that the proceeding not continue as a representative proceeding

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 12GF Commonwealth Inscribed Stock Act 1911 (Cth) ss 3, 3A, 51JA Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) s 18 Corporations Act 2001 (Cth) ss 1020AH, 1031D, 1031E Environment Protection (Impact of Proposals) Act 1974 (Cth) Federal Court of Australia Act 1976 (Cth) ss 23, 37M Public Governance, Performance and Accountability Act 2013 (Cth) s 25(1) Trade Practices Act 1974 (Cth) ss 52, 80, 163A Federal Court Rules 1979 (Cth) r 6.13(1) Federal Court Rules 2011 (Cth) rr 1.32, 9.21, 9.22, 16.21 Supreme Court Rules 1970 (NSW) r 13(1)