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Jenkings v Northern Territory of Australia [2017] FCA 1263

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PRACTICE AND PROCEDURE - Application for an order striking out the Applicants' pleadings as representative proceeding - r 16.21 of the Federal Court Rules 2011 (Cth) (the FCR) - whether substantial issue common to all claims - in the alternative, application for an order that the proceeding does not continue as a representative proceeding - s 33N(1) of the Federal Court of Australia Act 1976 (Cth) - defence not yet filed - applications refused. PRACTICE AND PROCEDURE - Application for proceedings to be transferred to the Supreme Court of the Northern Territory - s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) - application refused. PRACTICE AND PROCEDURE - Application for striking out of particular paragraphs in the statement of claim- rr 16.21, 16.41 of the FCR - particular paragraphs struck out. PRACTICE AND PROCEDURE - Application to intervene in proceedings - prospective intervenors seek amendment of pleadings with the effect that they are included as Group Members of the proceedings - subject to one condition, leave to intervene granted -proposed amendments allowed.

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