Federal Court of Australia
Federal Court of Australia
Fisher v BT Funds Management Ltd (No 2) [2024] FCA 1340 File number(s): VID 826 of 2023
Judgment of: O'BRYAN J
Date of judgment: 20 November 2024
Date of publication of reasons: 25 November 2024
Catchwords: PRACTICE AND PROCEDURE – representative proceeding – application under s 33V of the Federal Court of Australia Act 1976 (Cth) (FCA Act) for approval to discontinue representative proceeding – principles relevant to approval of discontinuance – whether discontinuance would be unfair or unreasonable or adverse to the interests of group members – principles relevant to the limitation period for a group member's claim beginning to run again under s 33ZE of the FCA Act – order under ss 33V(1) and 33ZF of the FCA Act that the limitation period starts to run again – discontinuance approved
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33V, 33X, 33ZE, 33ZF Life Insurance Act 1995 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Federal Court Rules 2011 (Cth) r 26.12
Cases cited: Adams v Navra Group Pty Ltd [2019] FCA 1157 Alford v AMP Superannuation Limited [2024] FCA 332 Babscay Ptd Ltd v Pitcher Partners [2020] FCA 1610 Caason Investments Pty Ltd v Cao (No 3) [2020] FCA 91 Fisher v BT Funds Management Ltd [2024] FCA 1166 Francis (Trustee) v Oculus Accounting Pty Ltd (No 2) [2021] FCA 1275 Gill v Ethicon Sarl (No 4) [2019] FCA 1814 Hodge v Waters (No 4) [2014] FCA 472 Laine v Thiess Pty Ltd [2016] VSC 689 Lloyd v Belconnen Lakeview Pty Ltd (No 3) [2022] FCA 761 Mercedes Holdings Pty Ltd v Waters (No 1) [2010] FCA 124 Rota v Fire Rescue Victoria [2024] FCA 424 Simonetta v Spotless Group Holdings Limited [2017] FCA 1071 Sister Marie Brigid Arthur (Litigation Representative) v Northern Territory of Australia (No 2) [2020] FCA 215 Thirteenth Corp Pty Ltd v State [2006] FCA 979 Turner v TESA Mining (NSW) Pty Ltd (No 2) [2022] FCA 435 Watson v Maximus Holdings (NSW) Pty Ltd [2021] FCA 87
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