Federal Court of Australia
Federal Court of Australia
Williams & Kersten Pty Ltd v National Australia Bank Limited (No 3) [2023] FCA 1328 File number: VID 993 of 2019
Judgment of: LEE J
Date of judgment: 25 October 2023
Date of publication of reasons: 1 November 2023
Catchwords: REPRESENTATIVE PROCEEDINGS – class action commenced in September 2019 and hardly progressed – where funder doubts applicant's ability to represent interests of group members – where extant application for leave to amend statement of claim unlikely to progress matters – where Court's protective and supervisory role vis-à-vis group members warrants notifying group members of present state of affairs – applicant to formulate case properly or risk dismissal of proceeding
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33T, 37P(2)
Cases cited: Australian Securities and Investments Commission v Richards [2013] FCAFC 89 LCM Funding Pty Ltd v Stanwell Corp Ltd [2022] FCAFC 103; (2022) 292 FCR 169 Williams & Kersten Pty Ltd v National Australia Bank Limited [2022] FCA 1254 Williams & Kersten Pty Ltd v National Australia Bank Limited (No 2) [2023] FCA 668
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 23
Date of hearing: 25 October 2023
Counsel for the Applicant: Mr N M Cooke
Solicitor for the Applicant: Redmond + Redmond Lawyers
Counsel for the Respondent: Ms P Neskovcin KC with Ms J Fumberger
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