Australian Competition and Consumer Commission v Allphones Retail Pty Ltd (No 2)

In a representative (class) proceeding brought under Part IVA of the Federal Court of Australia Act 1976 (Cth), the statutory threshold requirements — that the claims of seven or more persons arise out of the same, similar or related circumstances and give rise to a substantial common issue of law or fact — must be satisfied, with the commonality requirement assessed by reference to the substance of the claims rather than mere superficial similarity.