BMW & Westpac cases – High Court rules that the Federal Court Act and the NSW Civil Procedure Act do not support Courts making ‘Class Funding Orders’ representative class actions

On Wed 4.12.19, the High Court allowed an appeal from a decision of the Full Court of the Federal Court of Australia and an appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales – effectively striking down ‘class funding orders’ in representative class actions. See related Tax Technical article.

See below for a summary of the case.

[Tax Month – December 2019]