Mills v Better Buildings Pty Ltd

Mills and others v Better Buildings Pty Ltd was heard in the Federal Court. The plaintiffs, including Mills, were thirteen separate claimants, all of whom alleged similar claims of breach of statutory duty against the same defendant, Better Buildings Pty Ltd. The defendant was accused of contravening certain building standards under the Building Code of Australia. The common questions of fact and law involved the interpretation and application of the Building Code, and whether the defendant's conduct breached these provisions.

The court was tasked with determining whether it was appropriate to grant a representative order to manage the thirteen cases collectively. The representative order would allow the plaintiffs to proceed together in certain stages of the litigation, despite their individual claims. The central issue was whether this collective approach was suitable given the commonality of the facts and the legal questions involved. The court recognised that the plaintiffs' cases shared numerous common issues and that a representative order could streamline the proceedings and avoid unnecessary duplication.

In assessing the appropriateness of the representative order, the court considered the need for efficiency in the judicial process and the potential for prejudice to any of the plaintiffs. The court found that the commonality of the facts and issues presented in all the cases made a representative order suitable. The court was satisfied that no principle was at stake that would necessitate separate hearings for each plaintiff. Therefore, the court concluded that a representative order was appropriate to manage these cases together, recognising the potential for significant savings in time and resources for all parties involved.