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Federal Court of Australia approves its power to make future orders for class closure
June 30, 2022 Commercial, Public, Regulatory Issues, Special Features
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Date: Mar 28 2024
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The following piece was contributed by Lillian Rizio and Max Hensen of Australian law firm, Piper Alderman.
The Full Federal Courts’ decision in Parkin v Boral Limited (Class Closure) [2022] FCAFC 47 (Parkin) confirms the courts’ power to issue pre-mediation (and settlement) soft class closure notices to group members. The decision hints at the (positive) appetite of the Federal Court in making future orders for class closure that facilitate a just outcome,[1] simplifies the assessment of quantum prior to settlement, and reduces an element of risk in funded litigation.