Federal Court of Australia
Federal Court of Australia
R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (Administrators Appointed) (in liq) (Reserved Question) [2023] FCA 1499 File number: NSD 665 of 2022
Judgment of: LEE J
Date of judgment: 23 November 2023
Date of publication of reasons: 28 November 2023
Catchwords: REPRESENTATIVE PROCEEDINGS – open class securities class action – application for approval of opt out notices – where solicitors' common fund order (solicitors' CFO) proposed – where extant controversy as to power to make solicitors' CFO – where certain respondents propose to contend that the Court is bereft of power to make solicitors' CFO – question reserved to the Full Court pursuant to s 25(6) of the Federal Court of Australia Act 1976 (Cth) – orders made
Legislation: Federal Court of Australia Act 1976 (Cth) Pt IVA, s 25(6) Federal Court Rules 2011 (Cth) r 9.02
Cases cited: R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (Administrators Appointed) (in liq) (Carriage Application No 2) [2023] FCA 142
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 16
Date of hearing: 24 November 2023
Counsel for the applicants: Mr WAD Edwards KC with Ms B Ng
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