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Allphones Retail Pty Ltd v Australian Competition and Consumer Commission

(2009) 253 ALR 324
JurisdictionAustralia
CourtFederal Court of Australia
Year2009
StatusBinding authority

Summary

Federal Court held representative proceedings under Part IVA permissible in franchise network class action where common issues predominated and claims arose from same or related circumstances.

Key Principle

Representative proceedings; Part IVA; same or related circumstances; common issues predominating; franchise network class action

Area of Law

class-action

Related Cases

Matthews v SPI Electricity Pty Ltd (2014) 313 ALR 383

Court approved $494M Black Saturday bushfire class action settlement under Part IVA, addressing litigation funding arrangements and settlement approval principles.

Ng Huat Foundations Pte Ltd v Samwoh Resources Pte Ltd [2006] SGCA 7

Representative proceedings under O.15 r.12 require claimants to share the same interest; Singapore's limited class action mechanism applied in a construction industry dispute.

Lim Lie Hoa v Ong Jane Rebecca [1997] 1 SLR 401

The 'same interest' requirement for representative actions is strictly construed, and minority shareholder claims must be distinguished between derivative and representative proceedings.

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