Westpac Banking Corporation v Lenthall

Neither s 33ZF of the Federal Court of Australia Act 1976 (Cth) nor s 183 of the Civil Procedure Act 2005 (NSW) empowers a court, at an early stage of a representative proceeding, to make a 'common fund order' requiring all group members to contribute a share of any recovery to the litigation funder; such an order is not 'appropriate or necessary to ensure that justice is done in the proceeding'.