Federal Court of Australia
Federal Court of Australia
Equity Financial Planners Pty Ltd v AMP Financial Planning Pty Ltd (No 2) [2023] FCA 1033 File number: VID 498 of 2020
Judgment of: MOSHINSKY J
Date of judgment: 29 August 2023
Catchwords: PRACTICE AND PROCEDURE – representative proceeding – form of orders following initial trial – whether declaration relating to contractual breach necessary and appropriate – whether pre-judgment interest on damages should be calculated from date of breach or date of trial – formulation of common questions and answers
Legislation: Federal Court of Australia Act 1976 (Cth), ss 51A, 33ZB
Cases cited: Batchelor v Burke (1981) 148 CLR 448 HK Frost Holdings Pty Ltd (in liq) v Darvall McCutcheon (a firm) [1999] FCA 795 Souter v Condor Developments Pty Ltd [2012] WASCA 227
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 19
Date of hearing: 25 August 2023
Counsel for the Applicant: Mr RG Craig KC with Mr K Loxley, Mr R Rozenberg and Ms J Nikolic
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondent: Mr DJ Batt KC with Ms T Spencer Bruce and Mr A Terzic
Solicitor for the Respondent: King & Wood Mallesons
ORDERS VID 498 of 2020
BETWEEN: EQUITY FINANCIAL PLANNERS PTY LTD Applicant
AND: AMP FINANCIAL PLANNING PTY LTD Respondent
order made by: MOSHINSKY J DATE OF ORDER: 29 AUGUST 2023
THE COURT NOTES THAT: capitalised terms in these orders (including Schedule A) have the meanings given to them in the Court's reasons for judgment dated 5 July 2023.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate