Catchwords:

REPRESENTATIVE PROCEEDINGS – appeal from interlocutory decision regarding interpretation of group member definition – relevant principles concerning the interpretation of a pleading – no error in primary judge’s conclusion demonstrated – appeal dismissed

REPRESENTATIVE PROCEEDINGS – appeal from interlocutory order that amendments to the originating application and statement of claim, including amendments to the group member definition, take effect from the commencement of the proceeding – application of principles stated by the Full Court in Ethicon Sàrl v Gill (2018) 264 FCR 394 – primary judge’s discretionary decision based on material errors of fact – appeal allowed and discretion re-exercised – amendment to the group member definition should take effect from the date of the amendments –amendments to the claims of existing group members should take effect from the commencement of the proceeding