Reilly v Australia and New Zealand Banking Group Limited (No 3)

The case of Reilly v Australia and New Zealand Banking Group Limited (No 3) involves Tracey Reilly and another individual bringing a class action against the Australia and New Zealand Banking Group Limited and others. The claim pertains to the sale of consumer credit insurance policies, specifically ANZ Credit Card Insurance and ANZ Loan Protection policies, and alleges that the policies were sold without value and benefit, and that the sale practices were misleading. The primary legal issues addressed in the decision revolve around the scope of discovery and the form of opt-out orders for group members in the class action. The Court had to decide whether certain categories of documents should be subject to discovery and the terms under which group members could opt out of the class action.

In its decision, the Court allowed discovery of documents relevant to the period commencing on 1 January 2010, rejecting the category of "known relevant documents." The Court also set out detailed categories of documents to be discovered by the applicants and respondents, specifying the dates for the exchange of these documents. Regarding opt-out orders, the Court fixed the deadline for group members to opt out of the proceeding and approved the terms of the opt-out notice. The Court mandated that the notice be distributed by email and postal mail and displayed on the applicants' solicitors' website. The costs of distributing the notice were to be borne initially by the applicants.

The Court's reasoning focused on ensuring that the proceedings were managed efficiently while respecting the rights of group members to make informed decisions about their participation in the class action. The outcome of the decision facilitates the discovery process and provides clear instructions for group members on how to opt out, thereby upholding the principles of fairness and transparency in the class action mechanism.