Court can’t use general power under class action regime to dispense with opt out notice, judge says

Class Actions 2022-11-25 10:26 pm By Sam Matthews | Melbourne

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A judge overseeing the Montara oil spill class action has found the Federal Court’s broad discretion under the class action regime is “outflanked” by the need to give group members a chance to opt out. But resolving that question on Thursday — which has divided the courts — caused a further wrinkle ahead of a hearing to weigh a settlement in the case.

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