Soverina Pty Limited v Natwest Australia Bank Limited

Soverina Pty Limited commenced proceedings against Natwest Australia Bank Limited in the Federal Court of Australia, seeking amendments to its statement of claim in a representative proceeding involving multiple causes of action. The dispute centred around the propriety of amending the statement of claim to include additional applicants and respondents, and the potential transfer of part of the proceedings to the Supreme Court of Queensland where substantially similar proceedings were pending.

The court had to decide whether leave should be granted to amend the statement of claim, whether part of the proceedings involving a separate cause of action could be transferred to the Supreme Court of Queensland, and if so, under what conditions. The court also considered whether the new applicants and respondents could be joined to the proceedings, and if certain claims under section 33C of the Federal Court Act 1976 could be included.

The court granted leave for the applicants to amend their statement of claim and application, permitting the addition of new applicants and respondents. It ruled that part of the proceedings could be transferred to the Supreme Court of Queensland, but this transfer was to be suspended for 28 days to allow for the amendment and service of the updated application and statement of claim. The court also allowed certain claims under section 33C of the Federal Court Act 1976 to be joined in the proceedings, subject to the aforementioned conditions. The court dismissed the motions related to costs and ordered the matter to be stood over for further directions.

In summary, the court allowed for extensive amendments to the statement of claim and the addition of new parties, subject to specific conditions, and temporarily suspended the transfer of part of the proceedings to the Supreme Court of Queensland. The applicants were required to file and serve an amended application and statement of claim within the specified timeframes.