Bray v F Hoffman-La Roche Ltd
| Jurisdiction | Australia Federal only |
| Judgment Date | 2003 |
| Year | 2003 |
| Date | 2003 |
| Court | Full Federal Court (Australia) |
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5 firm's commentaries
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Class action litigation against multiple respondents no longer a Gray area
...have a claim against the one respondent or, if there is more than one, against all respondents". However, in Bray v F Hoffman-La Roche (2003) 130 FCR 317, Justices Carr and Finkelstein disagreed with the decision in Philip Morris, with the ensuing confusion leading to a slew of inconsistent......
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Furthering the reach of class actions: Gray v Cash Converters
...against all respondents". This decision was then followed by single judges in the Federal Court until Bray v F Hoffman-La Roche Ltd (2003) 130 FCR 317. In that case, Justices Carr and Finkelstein disagreed with Philip In McBride v Monzie Pty Ltd (2010) 189 FCR 301, Justice Finkelstein held ......
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Attacking the straw man: security for costs in class action proceedings
...of any law regarding security for costs. They found that the primary judge had failed to follow the decision in Bray v Hoffman-La Roche (2003) 130 FCR 317, which made it clear that "an order for security did not affect the immunity of s43(1A) and there was no overlap between ss43(1A) and 33......
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Commencement Requirements Relaxed For Australian Class Actions?
...(2000) 170 ALR 487, the Full Court proceeded on the basis that the narrow view was correct. In contrast, in Bray v Hoffman La-Roche Ltd (2003) 130 FCR 317, a Full Court majority preferred the wide view, suggesting that only the class representative (and not the class members) must have a cl......
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2 books & journal articles
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Broadening the Extraterritorial Reach of Australia's Cartel Prohibition: Adopting the ‘Effects’ Doctrine without the Negative Effects
...to the invocation of the court's jurisdiction: Bray (trial) (2002) 118 FCR 1, 54, 57 (upheld in Bray v F Hoffman-La Roche Ltd (2003) 130 FCR 317, 328 ('Bray (FFC)')). See also John A Trenor, 'Jurisdiction and the Extraterritorial Application of Antitrust Laws after Hartford Fire' (1995) 62 ......
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PUBLIC INTEREST COSTS ORDERS IN FEDERAL CLASS ACTIONS: TIME FOR A NEW APPROACH.
...445 US 326, 338 n 9 (Burger CJ for Burger CJ, Brennan, White, Marshall, Rehnquist and Stevens JJ) (1980); Bray v F Hoffman-La Roche Ltd (2003) 130 FCR 317, 374 [248] (Finkelstein J); Cridge v Studorp Ltd (2017) 23 PRNZ 582, 586-7 [11] (French J for the Court) (New Zealand Court of Appeal); ......