ZMB Australia Pty Ltd v Warne [2011] FCAFC 65

CORPORATIONS - representative proceeding – approval of settlement – unregistered managed investment scheme - whether Part IVA of the Federal Court of Australia Act 1976 (Cth) applies to a proceeding brought against a respondent representing a group of persons – whether Court approval required pursuant to section 33V of the Federal Court of Australia Act 1976 (Cth) – whether settlement fair and reasonable and in the best interests of the investors represented by the respondent – whether settlement can be approved notwithstanding the investors have not been given notice in accordance with section 33X(4) of the Federal Court of Australia Act 1976(Cth).

Dominique Hogan-Doran appeared for the scheme investors, instructed by Arnold Bloch Liebler, Melbourne.