Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund (No 3) [2022] FCA 224

Federal Court of Australia

Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund (No 3) [2022] FCA 224 File number: NSD 1736 of 2019

Judgment of: MARKOVIC J

Date of judgment: 15 March 2022

Catchwords: PRACTICE AND PROCEDURE – representative proceeding under Part IVA of the Federal Court of Australia Act – common questions to be determined at the initial trial – where the scope of the common questions for the initial trial must depend on the issues that arise on the pleadings – where the initial trial should be confined to questions of breach, determination of the applicant's individual claim and issues such as whether the respondent can supplant a claim for damages under s 55(3) of the Superannuation Industry (Supervision) Act 1993 (Cth) – where questions of loss and damage at large would bring into consideration individualised questions not appropriate for the initial trial – where questions of aggregate damages are to be deferred until after the initial trial including determination of the methodology to be applied for the purpose of calculating such damages

Legislation: Federal Court of Australia Act 1976 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Superannuation Industry (Supervision) Regulations 1994 (Cth) Supreme Court Act 1986 (VIC)

Cases cited: Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund (No 2) [2021] FCA 1517 Brady v NULIS Nominees in its capacity as trustee of the MLC Super Fund [2021] FCA 999 Jarra Creek Central Packing Shed Pty Ltd v Amcor Ltd [2007] FCA 1559 Shimshon v MLC Nominees Pty Ltd [2021] VSCA 363