Australian Securities and Investments Commission v Richards

JurisdictionAustralia Federal only
CourtFull Federal Court (Australia)
Neutral Citation2013-0812 FCA A,[2013] FCAFC 89
Year2013
Date2013

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52 cases
  • SDCV v Director-General of Security
    • Australia
    • High Court
    • 12 October 2022
    ...also Carnie v Esanda Finance Corporation Ltd (1995) 182 CLR 398 at 408. 264 Australian Securities and Investments Commission v Richards [2013] FCAFC 89 at 265 Tasfast Air Freight Pty Ltd v Mobil Oil Australia Ltd [2002] VSC 457 at [4], cited with approval in Richards [2013] FCAFC 89 at [8].......
  • Wigmans v AMP Ltd
    • Australia
    • High Court
    • 10 March 2021
    ...at 408; Mobil Oil Australia Pty Ltd v Victoria (2002) 211 CLR 1 at 27 [21]; Australian Securities and Investments Commission v Richards [2013] FCAFC 89 at [8]. 90 Lopez v Star World Enterprises Pty Ltd (1999) ATPR ¶41-678 at 42,670 [16]; Kelly v Willmott Forests Ltd (In liq) [No 4] (2016) 3......
  • Dyczynski v Gibson
    • Australia
    • Federal Court
    • 7 July 2020
    ...function in relation to those parties who are not before the Court: Australian Securities and Investments Commission v Richards [2013] FCAFC 89 at [7]-[8] per Jacobson, Middleton and Gordon This case is different, however. The group has always been defined in a limited way and following the......
  • Cantor v Audi Australia Pty Limited (No 5)
    • Australia
    • Federal Court
    • 1 April 2020
    ...and Consumer Commission v Cascade Coal Pty Ltd (No 4) [2018] FCA 1243 Australian Securities and Investments Commission v Richards [2013] FCAFC 89 Blairgowrie Trading Ltd v Allco Finance Group Ltd (In Liq) (2015) 325 ALR 539 Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers and Ma......
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1 firm's commentaries
  • Class Action Settlement Overturned On Appeal For First Time In Australia
    • United States
    • Mondaq United States
    • 24 September 2013
    ...Full Federal Court in Australian Securities and Investments Commission v Richards [2013] FCAFC 89 has overturned a 35 percent uplift in recovery for group members who self-financed the cost of prosecuting their class action ("funder's premium"), over those who did not. The uplift was design......
3 books & journal articles
  • Table of Cases
    • United States
    • ABA Antitrust Library Antitrust Class Actions Handbook
    • 1 January 2018
    ...Pacific Group Ltd (In liq) v Airservices Australia [2000] HCA 39, 353 Australian Securities and Investments Commission v Richards [2013] FCAFC 89, 328 Auto. Refinishing Paint Antitrust Litig., In re , 2003 WL 23316645 (E.D. Pa. 2003), 131, 133 Axiom Plastics v. E.I. Dupont Canada (2007), 87......
  • International Mass Actions and Class Actions - B. Australia
    • United States
    • ABA Antitrust Library Antitrust Class Actions Handbook
    • 1 January 2018
    ...a settlement, the parties will usually need to persuade the Court that: 44. Australian Securities and Investments Commission v Richards [2013] FCAFC 89 at [8]. 45. See , e.g. , Lopez v Star World Enterprises Pty Ltd [1999] FCA 104, at [15]; Williams v FAI Home Security Pty Ltd (No 4) (2000)......
  • AN ECONOMIC PERSPECTIVE ON COSTS IN AUSTRALIAN CLASS ACTIONS.
    • Australia
    • Melbourne University Law Review Vol. 45 No. 3, August 2022
    • 1 August 2022
    ...[1494], [1498], [1610] (John Dixon J). (195) Endeavour (n 45) [36] (Murphy J). (196) See Corporations Act 2001 (Cth) s 1330(1). (197) [2013] FCAFC 89. (198) Johnson Tiles Pty Ltd v Esso Australia Ltd (1999) 94 FCR 167, 175-6 [35]-[37] (Merkel J) ('Johnson Tiles'); Modtech Engineering Pty Lt......