FEDERAL COURT OF AUSTRALIA
Courtney v Medtel Pty Limited [2002] FCA 957
REPRESENTATIVE PROCEEDING – whether respondents may make settlement offers directly to unrepresented group members – whether such offers should be subject to approval by applicant’s solicitors – whether notice of such offers should be given in advance to applicant’s solicitors – scope of the power conferred by s 33ZF(1) of the Federal Court of Australia Act 1976 (Cth).
Federal Court of Australia Act 1976 (Cth), ss 33A, 33C, 33E, 33J, 33N, 33P, 33T, 33W, 33V, 33Z, 33ZF, 33ZJ, 43(1A)
Trade Practices Act 1974 (Cth), ss 52, 74B, 75AD, 82
Federal Court of Australia Amendment Act 1991 (Cth)
Law and Justice Legislation Amendment Act (No. 4) 1992 (Cth), s 3
Supreme Court Act 1986 (Vic), s 35Professional Conduct and Practice Rules (NSW), r 31.1
Courtney v Medtel Pty Ltd (2001) 113 FCR 512, cited.
Femcare Ltd v Bright (2000) 100 FCR 331, cited.
King v AG Australia Holdings Ltd (formerly GIO Australia Holdings Ltd) [2002] FCA 872, cited.
Mobil Oil Australia Pty Ltd v Victoria [2002] HCA 27, cited.
Johnson Tiles Pty Ltd v Esso Australia (1999) 166 ALR 731, cited.
Boeing Co v Van Gemert 444 US 472 (1980), cited.
Burns Philip & Co Ltd v Bhagat [1993] 1 VR 203, cited.
Australian Competition and Consumer Commission v Chats House Investments Pty Ltd (1996) 71 FCR 250, cited.
Carnie v Esanda Finance Corporations Ltd (1995) 182 CLR 398, cited.
Wong v Silkfield Pty Ltd (1999) 199 CLR 255, cited.
Cutts v Head [1984] Ch 290, cited.
Williams v FAI Home Security Pty Ltd No 4) [2000] FCA 1925, cited.
West v AGC (Advances) Ltd (1986) 5 NSWLR 590, cited.Australian Law Reform Commission, Grouped Proceedings in the Federal Court (Report No. 46, 1988)
V Morabito, “Federal Class Actions, Contingency Fees and the Rules Governing Litigation Costs” (1995) 21 Monash Uni LR 231
C Silver, “A Restitutionary Theory of Attorneys’ Fees in Class Actions” (1991) 76 Cornell LR 656.KEVIN GLYNN COURTNEY in a representative capacity on behalf of the persons referred to in par 1 of the Fifth Amended Statement of Claim v MEDTEL PTY LIMITED & ANOR
N 661 of 2000SACKVILLE J
SYDNEY
1 AUGUST 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 661 OF 2000
BETWEEN:
KEVIN GLYNN COURTNEY in a representative capacity on behalf of the persons referred to in paragraph 1 of the Fifth Amended Statement of Claim
APPLICANTAND:
MEDTEL PTY LIMITED
FIRST RESPONDENTPACESETTER INC a Delaware corporation with its principal place of business 15900 Valley View Court, Sylmar, California
SECOND RESPONDENTJUDGE:
SACKVILLE J
DATE OF ORDER:
1 AUGUST 2002
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The motion be stood over to 10.15 am on 16 August 2002 for the making of orders in conformity with this judgment.
Note: Settlement and entry of orders is dealt with in Order 36 of…
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- Case
- [2002] FCA 957
- Decision Date
CaseChat Overview and Summary
The court examined the legal framework governing settlements in group proceedings, particularly the provisions of Part IVA of the Federal Court Act and the recommendations of the Australian Law Reform Commission. The court noted that while the ALRC recommended court approval for settlements by the representative party, it did not require such approval for direct settlements between respondents and group members. The court concluded that Part IVA of the Federal Court Act does not expressly mandate court approval for settlements made directly between respondents and group members, aligning with the ALRC's proposal. The court further observed that the differences between the ALRC's recommendations and the provisions of Part IVA did not alter the substantive approach to settlement of group members' claims. Consequently, the court found that the respondents' direct communications with group members for the purpose of proposing settlements were permissible under the Act.
Ultimately, the court stood the motion over to a later date to make orders in conformity with the judgment, ensuring that the rights and protections of group members in representative proceedings were properly balanced with the practicalities of litigation.
Orders
Orders of the court
1. The motion be stood over to 10.15 am on 16 August 2002 for the making of orders in conformity with this judgment.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: SACKVILLE J
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