Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bain v International Capital Markets Pty Ltd (No 2) [2024] FCA 847 File number(s): VID 1088 of 2023 VID 88 of 2024
Judgment of: O'BRYAN J
Date of judgment: 2 August 2024
Catchwords: REPRESENTATIVE PROCEEDINGS – Multiplicity of proceedings – where three "open class" representative proceedings commenced against same defendants raising the same or similar issues – where two of the proceedings brought in the Federal Court of Australia and one of the proceedings brought in the Supreme Court of Victoria – applications for stay or transfer of proceeding made in both the Federal Court and the Supreme Court PRACTICE AND PROCEDURE – Competing class actions brought in the Federal Court of Australia and the Supreme Court of Victoria – application of Protocol for communication and cooperation between Supreme Court of Victoria and Federal Court of Australia in class action proceedings – concurrent hearing of stay applications brought in the Federal Court and the Supreme Court
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2010 (Vic) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Jurisdiction of the Courts (Cross-vesting) Act 1987 (Vic) Penalty Interest Rates Act 1983 (Vic) Supreme Court Act 1986 (Vic)
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