Practitioners commencing competing open class actions in NSW cannot rely on being first to file as conferring any presumptive advantage; the court will conduct a multi-factorial assessment focused on the interests of group members, and the commencement of subsequent proceedings by a group member is not an abuse of process prior to the opt-out stage.
The full text is available to signed-in members, including the 32 later cases that cite this judgment.
9 of the 32 citing cases carry a classified treatment. How each court treated it is available to signed-in members.