S of c described it as those who have a credit sale

Info icon This preview shows pages 15–24. Sign up to view the full content.

View Full Document Right Arrow Icon
S of C described it as “Those who have a credit, sale or loan contract with respondent that has been varied in a manner inconsistent with the Credit Act.”
Image of page 15

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
History cont. Carnie v Esanda Remitted to NSW Supreme Court, and Justice Young required notice to be given to all prospective members of that class. Then the matter settled. One of the problems of Markt was removed, re separate contract. But the issue of damages was not resolved, as not seeking damages in that case. Still unlikely that you could use Order 18 if seeking damages. As it turns out, won’t need to.
Image of page 16
Background: Fostif Campbells Cash and Carry Pty Ltd v Fostif Pty Ltd (2006) ALJR 1441 Tobacco retailers sought to recover license fees paid under invalid legislation to tobacco wholesalers. 7 retailers sued, and sought addition of 2,100 more from a list to opt-in The High Court held equivalent of Order 18 requires that there be actual persons represented in the proceedings when it is commenced. It is not sufficient that there is provision for persons to opt in to the proceedings at a later date. In the circumstances, this was not a legitimate representative proceeding.
Image of page 17

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
The modern “Class Action” “Representative Proceeding” ALRC Report into Grouped Proceedings 1988 Part IVA of the Federal Court of Australia Act 1976: came into operation on 2 March 1992, establishing an opt-out system of representative proceedings. Part 4A Supreme Court Act (Vic): 1 Jan 2000 Part IVA and Part 4A are substantially the same
Image of page 18
The modern “Class Action” Major issues how to we determine who is in the class and who is not? Once a person is in the class, that person will be BOUND by the judgment in the case. Why bound? Res Judicata . If member of a group, and a group proceeding is brought and judgment is given, you are bound by the judgment. Cannot reopen the case. Because of these consequences, how ought we to decide whether people are in or out?
Image of page 19

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Opting in or out: the fundamental choice opt-in: all members of the representative group must elect to join the represented group opt-out: all members of the represented group are bound by a judgment unless they decide to opt out of the group .
Image of page 20
Representative Proceedings Part IVA Fed Court Act - why needed? Provide a real remedy where many affected, issue is significant, each person’s loss is small and no economically viable to recover individually; Deal efficiently where large damages but large numbers of people.
Image of page 21

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Definitions: s 33A proceedings that part IVA allows for are ‘representative proceedings’ person who commences the proceeding = the ‘representative party’ members of group on whose behalf the proceeding is commenced = ‘group members’.
Image of page 22
Commencing proceeding: s 33C(1) A proceeding may be commenced where a) 7 or more persons have claims against the same person, and b) the claims of all those persons are in respect of or arise out of the same, similar or related circumstances, and c) the claims of all those persons give rise to a substantial common issue of law or fact
Image of page 23

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 24
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern