Federal Court of Australia
Federal Court of Australia
J & J Richards Super Pty Ltd v Linchpin Capital Group Limited (No 2) [2023] FCA 509 File number: NSD 939 of 2020
Judgment of: LEE J
Date of judgment: 12 May 2023
Date of publication of reasons: 23 May 2023
Catchwords: REPRESENTATIVE PROCEEDINGS – application for settlement approval pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – where all group members represented by same solicitors – where proposed settlement resolves only part of justiciable controversy – whether necessary to give notice of proposed settlement to group members – content of Court's protective and supervisory role under Pt IVA – authority of representative applicant to deal with group member claims – group member claims settled by operation of s 33V not by common law principles
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33C, 33T, 33V, 33V(1), 33V(2), 33X(4), 33X(6), 33ZB Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) ss 4(3), 7
Cases cited: Dyczynski v Gibson [2020] FCAFC 120; (2020) 280 FCR 583
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 33
Date of hearing: 12 May 2023
Counsel for the applicant: Mr D Lloyd SC with Mr M Collins
Solicitors for the applicant: Corrs Chambers Westgarth
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