PRACTICE AND PROCEDURE - representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) - application by respondent for appointment of sample group member - where issues to be resolved at trial include whether a group member whose entitlement to access their benefits at the relevant time had not vested could have suffered loss - whether appointment of sample group member necessary to avoid requiring determination of a hypothetical and advisory question - where applicant's entitlement to access their benefits had vested at the relevant time - where risk of determination of a hypothetical and advisory question if no sample group member appointed - application allowed
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