Nathan v Macquarie Leasing Pty Ltd [2024] VSC 625, applied.
Quick Take
1In group proceedings, orders identifying common questions for an initial trial are interlocutory and may be revised and adapted as the trial progresses, including after opening or closing submissions.
2When formulating common questions for trial, the court should ensure the potential scope of common questions is not prematurely confined, favouring inclusion of disputed questions at the interlocutory stage even where the defendant contends they are incapable of common determination.