Kain v. R&B Investments Pty Ltd as trustee for the R&B Pension Fund & Ors
Ernst & Young (a Firm) ABN 75 288 172 749 v. R&B Investments Pty Ltd as trustee for the R&B Pension Fund & Ors
Shand v. R&B Investments Pty Ltd as trustee for the R&B Pension Fund & Ors
Case No.
S146/2024, S144/2024, S143/2024
Case Information
Lower Court Judgment
5/07/2024 Federal Court of Australia (Murphy, Beach, Lee JJ)
Catchwords
Representative proceedings – common fund orders – open class securities action – application for approval of notice to group members prior to opt-out – where question reserved for Full Federal Court under s 25(6) of Federal Court of Australia Act 1976 (Cth) whether under Pt IVA of Act Court has power upon settlement or judgment of representative proceeding to make common fund order for distribution of funds to solicitor otherwise than as payment for costs and disbursements incurred in conduct of proceeding – whether Full Court erred in answer question in affirmative.
Documents*
07/11/2024 Determination
12/11/2024 Notice of appeal - S143/2024
14/11/2024 Notice of appeal - S144/2024
14/11/2024 Notice of appeal - S146/2024
13/12/2024 Written submissions (Appellant - S146/2024)
13/12/2024 Chronology (Appellant - S146/2024)
09/01/2025 Written submissions (Fourth Respondent - S146/2024)
09/01/2025 Written submissions (Fifth Respondent - S146/2024)
05/02/2025 Amended written submissions (First and Second Respondents - S146/2024)
11/02/2025 Reply (Appellant - S146/2024)
11/02/2025 Reply (Fourth Respondent - S146/2024)
11/02/2025 Reply (Fifth Respondent - S146/2024)
11/02/2025 Written submissions (Association of Litigation Funders of Australia, seeking leave to intervene)
04/03/2025 Hearing (Full Court, Canberra) (Audio-visual recording)
04/03/2025 Outline of oral argument (Appellant - S146/2024)
04/03/2025 Outline of oral argument (First and Second Respondents - S146/2024)
04/03/2025 Outline of oral argument (Fourth Respondent - S146/2024)
04/03/2025 Outline of oral argument (Fifth Respondent - S146/2024)
04/03/2025 Outline of oral argument (Association of Litigation Funders of Australia, seeking leave to intervene)
05/03/2025 Hearing (Full Court, Canberra) (Audio-visual recording)