Federal Court of Australia
Federal Court of Australia
Zulic v CMC Markets Asia Pacific Pty Ltd [2023] FCA 469 File number(s): NSD 410 of 2022
Judgment of: JACKMAN J
Date of judgment: 8 May 2023
Catchwords: DISCOVERY – representative proceedings – impugned practices concerning online trading of contracts for difference and binaries – two applications for discovery – whether order for "catch-all" category of discovery appropriate – whether cash summary data should be produced – scope of documents and information to be produced by the applicants
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12CB, 12DA, 12DF Corporations Act 2001 (Cth) ss 761G, 991A, 1041E, 1041H Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 37M, 43 Federal Court Rules 2011 (Cth) rr 20.11, 20.14, 20.15
Cases cited: Asirifi-Otchere v Swann Insurance Australia Pty Ltd (No 2) [2020] FCA 1355; (2020) 148 ACSR 14 Cantor v Audi Australia Pty Ltd (No 3) [2017] FCA 1079 Kemp v Westpac Banking Corporation (No 2) [2020] FCA 1392
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 30
Date of hearing: 8 May 2023
Counsel for the Applicants: Mr C Withers SC, Ms A Lyons and Mr R Pietriche
Solicitor for the Applicants: Johnson Winter & Slattery
Counsel for the Respondent: Mr M J Darke SC and Ms N Gollan
Solicitor for the Respondent: Baker & McKenzie
ORDERS NSD 410 of 2022
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