| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL COURT
GROUP PROCEEDINGS LIST
S ECI 2024 02663
| Debra Gaye-Ann Dawson | First Plaintiff |
| Angela Susan Williams | Second Plaintiff |
| v | |
| Insurance Australia Limited (ACN 000 016 722) | First Defendant |
| Insurance Manufacturers of Australia Pty Ltd (ACN 004 208 084) | Second Defendant |
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JUDGE: | Nichols J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | On the papers, submissions dated 21 February 2025 |
DATE OF JUDGMENT: | 11 March 2025 |
CASE MAY BE CITED AS: | Dawson v Insurance Australia Limited |
MEDIUM NEUTRAL CITATION: | [2025] VSC 92 |
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GROUP PROCEEDINGS — Consolidation — Application to consolidate two proceedings — Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 9.12(1) — Judicial discretion — Factors to be taken into account in determining whether it is appropriate to order consolidation — Legal and factual allegations made in each proceeding substantially the same — Causes of action relied upon substantially the same — Relief claimed substantially the same — Alleged contravening conduct substantially the same — Common questions of law and fact — Civil Procedure Act 2010 (Vic) s 7 — Factors for consolidation considered in the context of the overarching purpose — Application granted.
GROUP PROCEEDINGS — Consolidation — Civil Procedure Act 2010 (Vic) s 26 — Use of documents produced and discovered in legacy proceeding in consolidated proceeding — Order sought by plaintiffs that documents produced in legacy proceeding be documents in the consolidated proceeding — Documents order contested by defendants — Defendants did not identify basis for objection to documents order — Obligation not to make collateral use of documents disclosed on discovery — Hearne v Street (2008) 235 CLR 125 — No proper basis to defer the orderly management of the consolidated proceeding — No prejudice identified — Facilitation of the orderly and efficient conduct of the proceeding — Order made permitting the use of documents in the consolidated proceeding.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | K Burke SC | Slater & Gordon |
| J Page | ||
| For the Defendants | Nicholas De Young KC | Herbert Smith Freehills |
| Madeleine Salinger |
HER HONOUR:
Insurance Australia Limited (IAL) and Insurance Manufacturers Australia Pty Limited (IMA) are insurers who relevantly provide home and contents insurance products. Debra Dawson and Angela Williams have commenced a group proceeding against IAL and IMA concerning insurance policies issued under the State Government Insurance Office (SGIO), State Government Insurance Commission (SGIC) and RACV brands. Andrew Inglis has commenced a separate proceeding against IAL concerning policies issued by it under the NRMA brand.
The allegations made in each proceeding are substantially the same. In each case it is alleged that in the course of offering insurance policies to existing policy holders, the defendants offered ‘loyalty discounts’, representing that the premium payable on renewed policies would be discounted based upon the number of polices held or the length of time the consumer had insured with the defendants. It is alleged that in fact, the purportedly discounted premiums were calculated by…
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- Case
- [2025] VSC 92
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the proceedings should be consolidated under the Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 9.12(1) and Civil Procedure Act 2010 (Vic) s 26. The plaintiffs argued that the proceedings should be consolidated because the causes of action, relief claimed, and alleged contravening conduct were substantially the same. They also contended that there were common questions of law and fact that could be addressed more efficiently through consolidation. The defendants did not oppose consolidation but raised concerns about the use of documents produced in a legacy proceeding in the consolidated proceeding.
The court found that consolidation was appropriate because the legal and factual allegations made in each proceeding were substantially the same, and the causes of action, relief claimed, and alleged contravening conduct were identical. The court considered the factors for consolidation in the context of the overarching purpose of the Civil Procedure Act 2010 (Vic) s 7, which is to facilitate the just, quick and cheap resolution of the real issues in the proceeding. The court also considered the obligation not to make collateral use of documents disclosed on discovery, as established in Hearne v Street. However, the court found that there was no proper basis to defer the orderly management of the consolidated proceeding, and that no prejudice had been identified. Therefore, the court made an order permitting the use of documents in the consolidated proceeding.
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