Federal Court of Australia
Federal Court of Australia
Williams & Kersten Pty Ltd v National Australia Bank Limited (No 4) [2024] FCA 1031 File number: VID 993 of 2019
Judgment of: LEE J
Date of judgment: 3 September 2024
Catchwords: REPRESENTATIVE PROCEEDINGS – open-class representative proceeding – where respondent seeks class closure orders in advance of court-ordered mediation – where inappropriate exercise of the discretion to order class closure – form of opt out notices – orders made
Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB, ss 33J, 37N
Cases cited: Alford v AMP Superannuation Limited (No 2) [2024] FCA 423 David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund v Lendlease Corporation Ltd [2024] NSWCA 83 J Wisbey & Associates Pty Ltd v UBS AG (No 2) [2024] FCA 147 Regent Holdings Proprietary Limited v State of Victoria [2012] VSCA 221; (2012) 36 VR 424
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 16
Date of hearing: 3 September 2024
Counsel for the applicant: Mr WAD Edwards KC with Mr M Gvozdenovic
Solicitor for the applicant: Williams Roberts Lawyers
Counsel for the respondent: Mr Borsky KC with Ms J Fumberger
Solicitor for the respondent: Allens
ORDERS VID 993 of 2019
BETWEEN: WILLIAMS & KERSTEN PTY LTD Applicant
AND: NATIONAL AUSTRALIA BANK LIMITED Respondent
order made by: LEE J DATE OF ORDER: 3 SEPTEMBER 2024
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