Litigation and Alternative Dispute Resolution

Contact: Michael Bath, Special Counsel and Christian Breen, Senior Associate; Carter Newell (Queensland, Australia)

Introduction

Class action proceedings against multiple respondents have been the subject of conflicting judicial authority and debate.¹ The Full Court of the Federal Court of Australia in Cash Converters International Limited v Gray² recently considered whether s 33C of the Federal Court Act 1976 (Cth) (FCA) requires each group member in a representative proceeding to have a claim against each respondent.

Seemingly resolving more than ten years of uncertainty, the Full Court held that it is not necessary for each group member to have a claim against each respondent.  In doing so, the Full Court thoroughly explored the legislative framework surrounding commencing a representative proceeding, as well as the legal authorities which have considered the issue.

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