Alford v AMP Superannuation Limited (No 2)

The interlocutory application in the case of Alford v AMP Superannuation Limited (No 2) was brought before the court, with the applicants seeking orders for an opt-out mechanism, a group member registration regime, and class closure. The respondents opposed these applications. The central issue before the court was whether the proposed registration and class closure orders were appropriate, considering the objections from the applicants, the necessity of these orders for settlement, the anticipated low level of group member registration, and the substantial costs associated with the proposed registration regime.

The court held that real caution was necessary before making a class closure order against the applicants' objections. Given that the registration and class closure were not essential for facilitating a settlement and considering the likely low level of group member registration, the court deemed the proposed registration regime unlikely to be necessary for the majority of group members to receive a share of any settlement or judgment. Furthermore, the relationship between the respondents and group members was that of trustee and beneficiary, which influenced the court's decision.

Ultimately, the court dismissed the application for registration and class closure orders, but considered the application for an opt-out mechanism to have more merit. It was deemed appropriate to dismiss that aspect of the application as well, suggesting that it would be more efficient for opt-out to occur after the pending mediation. The court ordered that the first and second respondents pay the applicants' costs of and incidental to the application.

The court's final orders were to dismiss the interlocutory application by the first and second respondents and to mandate that the first and second respondents pay the applicants' costs of and incidental to the application. This decision underscores the need for careful consideration of the implications of registration and class closure orders in class action proceedings, particularly in light of the likely engagement levels of group members and the overall costs involved.