Full Court Minute Books

Case S154/2019

Westpac Banking Corporation & Anor v. Lenthall & Ors

Case No.

S154/2019

Case Information

Lower Court Judgment

1/03/2019 Federal Court of Australia (Allsop CJ, Middleton J, Robertson J)

[2019] FCAFC 34

Catchwords

Constitutional law – Separation of powers – Principle of legality – Acquisition on just terms – Where representative proceeding under Part IVA of Federal Court of Australia Act 1976 (Cth) – Where primary judge determined making of common fund order appropriate to do justice in proceedings – Whether Full Court erred in holding that properly construed s 33ZF of Federal Court of Australia Act 1976 (Cth) (“FCAA”) empowers court to make common fund order – Whether Full Court erred in holding that s 33ZF permitted creation of right in litigation funder to share of any settlement or judgment in favour of a group member – Whether Full Court erred in holding principle of legality does not apply because common fund order "supports and fructifies" rather than diminishes rights of group members – Whether Full Court erred in holding as matter of construction and notwithstanding Anthony Hordern principle s33ZF supported making of common fund order – Whether Full Court erred in holding s 33ZF conferred judicial power or power incidental to the exercise of judicial power on court – Whether Full Court erred in holding neither s 33ZF nor common fund order resulted in acquisition of property for purposes of s 51(xxxi) of Constitution – Whether Full Court erred in holding if s 33ZF is law with respect to acquisition of property it is not invalid because appellants failed to demonstrate group members would not receive pecuniary equivalent of property acquired.

Documents*

15/05/2019 Determination (SLA, Canberra)

28/05/2019 Notice of appeal

28/05/2019 Notice of constitutional matter (Appellants)

19/06/2019 Written submissions (Appellants)

19/06/2019 Chronology (Appellants)

23/07/2019 Written submissions (Fifth Respondent)

23/07/2019 Written submissions (First to Fourth Respondents)

29/07/2019 Written submissions (Attorney-General of the Commonwealth intervening)

29/07/2019 Written submissions (Attorney-General for the State of Victoria intervening)

29/07/2019 Written submissions (Attorney-General for the State of Queensland intervening)

29/07/2019 Written submissions (Attorney-General for Western Australia intervening)

06/08/2019 Reply

09/08/2019 Amended written submissions (Attorney-General for the State of Queensland intervening)

13/08/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

13/08/2019 Outline of oral argument (Appellants)

13/08/2019 Outline of oral argument (First to Fourth Respondents)

14/08/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

14/08/2019 Outline of oral argument (Fifth Respondent)

14/08/2019 Outline of oral argument (Attorney-General of the Commonwealth intervening)

14/08/2019 Outline of oral argument (Attorney-General of the State of Queensland intervening)

14/08/2019 Outline of oral argument (Attorney-General for the State of Western Australia intervening)