REPRESENTATIVE PROCEEDINGS – open class securities class action – approval of opt-out notices – where solicitors’ common fund order proposed – where extant controversy as to power to make common fund order (CFO) – approval of opt-out notices deferred pending delivery of judgments bearing upon question of power
PRACTICE AND PROCEDURE – leave to proceed against company in voluntary liquidation under s 500(2) of the Corporations Act 2001 (Cth) – where leave not opposed – application to join insurers of the first respondent under r 9.05(1) of the Federal Court Rules 2011 (Cth) – discretion to be exercised flexibly and consistently with the overarching purpose – joinder not opposed – application granted
PRACTICE AND PROCEDURE – applications for security for costs – where respondent directors separately represented – “broad brush” assessment – interim orders made for security
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0703
For more information, see the original judgement.
