HIGH COURT AND FEDERAL COURT - Federal jurisdiction - jurisdiction of the Federal Court to determine the claims of all group members - meaning of "matter"
PRACTICE AND PROCEDURE - application for leave to appeal - procedural fairness - application to file cross appeal out of time - application to file notice of contention out of time
PRACTICE AND PROCEDURE - application of Civil Aviation (Carriers' Liability) Act 1959 (Cth) - application of the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999) - jurisdiction under Art 33 of Montreal Convention - consideration of limitations of actions and extinguishment of claim under Art 35 of Montreal Convention
REPRESENTATIVE PROCEEDINGS - procedure under Part IVA of the Federal Court of Australia Act 1976 (Cth) (Act) - meaning of "claims" under s 33C - requirements of s 33H - group membership and how a person may be excluded from group membership - requirement for notice under s 33X - representative applicant is only a privy in interest in relation to the common claims of group members and not their individual claims - whether orders made pursuant to s 33ZB sufficient and preferable to bind all group members - necessity of orders made under s 33V to bind group members to settlement - suspension of time under s 33ZE - supervisory role of the Court in relation to the interests of group members
COSTS - application of the overarching purpose under s 37M of the Act - consideration of the Australian Solicitors' Conduct Rules 2015 (NSW) and the Uniform Conduct (Barristers) Rules 2015 (NSW) - failure to obtain instructions - failure to communicate with client - duty not to act contrary to a group member's interests where no retainer - duty to avoid conflicts - indemnity costs
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