The Tribunal held that it is not an abuse of process for an individual to maintain separate NCAT proceedings raising overlapping issues with a Federal Court class action where the opt-out period has not yet commenced, applying Oliver v Commonwealth Bank (No 2). The position may change if the applicant fails to opt out after the opt-out period expires. The Tribunal also held that 'court' in cl 5 of Sch 4 to the NCAT Act refers to NSW courts only and does not include the Federal Court, meaning the cross-vesting-style jurisdictional provisions in that clause have no application to pending Federal Court proceedings.
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