Discovery and Particulars of Group Members in Class Actions

Abstract

Particulars and discovery are both valuable methods for obtaining information from an opponent. However, the obtaining of discovery from, and particulars of, group members in class actions has been a rarity. This has followed from the representative nature of a class action where group members are generally not considered to be parties and may not even be identified. The rarity of such applications has changed with the adoption of the closed class group definition where group members are known. This article discusses how the Federal Court of Australia and Supreme Court of Victoria have responded to respondents/defendants seeking discovery from, and particulars of, group members.

Keywords: Legg, Particulars, Discovery, Group Members, Class Actions, P Dawson Nominees, Finkelstein, Meaden, Pathway Investments, Regent Holdings