Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alford v AMP Superannuation Limited (No 2) [2024] FCA 423 File number(s): VID 572 of 2019
Judgment of: MURPHY J
Date of judgment: 5 April 2024
Date of publication of reasons: 24 April 2024
Catchwords: REPRESENTATIVE PROCEEDINGS – application seeking orders for opt out, group member registration regime and class closure – registration and class closure orders opposed by applicants – real caution is appropriate before making a class closure order over the applicant's objection - where registration and class closure is not necessary to facilitate settlement – likely low level of group member registration – substantial cost of proposed registration regime –registration regime unlikely to be necessary for the great majority of group members to be paid a share of any settlement or judgment – the relationship of respondents to group members is that of trustee and beneficiary - application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33J, 33X, 33Y and 33ZF Superannuation (Unclaimed Money and Lost Members) Act 1999 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Supreme Court Act 1986 (Vic) s 33ZG
Cases cited: Anderson-Vaughan v AAI Limited (No 2) [2024] VSC 65 Bradgate (Trustee) v Ashley Services Group Ltd [2017] FCA 1591 Coatman v Colonial First State Investments Limited [2022] FCA 1611 Fox v Westpac Banking Corporation; O'Brien v Australia and New Zealand Banking Group Limited; Nathan v Macquarie Leasing Pty Ltd [2023] VSC 414 J Wisbey & Associates Pty Ltd v UBS AG [2024] FCA 147 Kuterba v Sirtex Medical Limited [2018] FCA 1467 Matthews v SPI Electricity Pty Ltd (No 13) [2013] VSC 17; 39 VR 255 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd (No 2) [2017] FCAFC 98; 252 FCR 1 Pallas v Lendlease [2024] NSWCA 83 P Dawson Nominees Pty Ltd v Brookfield Multiplex Ltd (No 2) [2010] FCA 176 Parkin v Boral (Class Closure) [2022] FCAFC 47; 291 FCR 116 Thomas v Powercor Australia Ltd (No 1) [2010] VSC 489 Winterford v Pfizer Australia Pty Ltd [2012] FCA 1199
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