CTHFCA
Baron v Commonwealth Bank of Australia Limited
[2019] FCA 1062
Federal Court of Australia|2019-07-10|Before: Yates J
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Source factsCourt
Federal Court of Australia
Decision date
2019-07-10
Before
Yates J
Source
Original judgment source is linked above.
Judgment (2 paragraphs)
[1]
- Pursuant to r 1.32 of the Federal Court Rules 2011 (Rules) and s 33ZF of the Federal Court of Australia Act 1976 (Cth) (the Act), and until further order: (a) the applicants in this proceeding (Baron Applicants), and the applicant in proceeding VID1085/2017 (Zonia Applicant) (together, the Applicants) jointly: (i) nominate one email address for service; (ii) engage one set of counsel to represent the Applicants and group members in both proceedings; (iii) use their best endeavours to ensure that all correspondence and other communication from the Applicants' solicitors to the respondent's solicitors shall be sent or made jointly on behalf of the Applicants by only Maurice Blackburn Pty Ltd or Phi Finney McDonald Pty Ltd (save for correspondence and communications relating solely to making or responding to any interlocutory applications in respect of matters that are not common to this proceeding and proceeding VID1085/2017); (iv) make any interlocutory applications that are necessary or respond to any interlocutory applications filed by the respondent, save for matters that are not common to this proceeding and proceeding VID1085/2017; (v) retain expert witnesses and file any expert witness evidence; (vi) file any lay evidence (other than evidence from the Baron Applicants or an officeholder of the Zonia Applicant); (vii) conduct the discovery process including negotiating an electronic discovery protocol and any categories of discovery; (viii) use their best endeavours to avoid duplication of work and progress the two proceedings in a cooperative manner; (ix) confer on any major decisions (including pleadings amendments), the making or amendment of any interlocutory applications filed by the Applicants whether jointly or separately, and listing dates; and each comply with the Cooperative Litigation Protocol dated, and provided to the Court on, 18 March 2019; (b) the respondent be required to produce one set of discovery documents to the Applicants; (c) evidence in this proceeding be evidence in proceeding VID1085/2017; and (d) liability for payment of third-party disbursement costs incurred by the Applicants' legal representatives on behalf of the Applicants and arising from the Applicants' joint performance of work in accordance with order 1(a) be split equally between the Zonia Applicant and the Baron Applicants.