Anwar et al v. Fairfield Greenwich Limited et al

Filing 1048

DECLARATION of Professor Jonathan Harris in Support re: #775 FIRST MOTION to Certify Class.. Document filed by AXA Private Management, Harel Insurance Company Ltd., Harel Insurance Company, Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself), Pacific West Health Medical Center Inc. Employees Retirement Trust(on Behalf of All Others Similarly Situated), Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit 1 through 3, #2 Exhibit 4 Part 1, #3 Exhibit 4 Part 2, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7 and 8, #7 Exhibit 9 through 11, #8 Exhibit 12 through 14, #9 Exhibit 15 through 21, #10 Exhibit 22 and 23, #11 Exhibit 24, #12 Exhibit 25 through 27, #13 Exhibit 28 through 32, #14 Exhibit 33, #15 Exhibit 34, #16 Exhibit 35, #17 Exhibit 36, #18 Exhibit 37 through 39, #19 Exhibit 40, #20 Exhibit 41 Part 1, #21 Exhibit 41 Part 2, #22 Exhibit 42 through 51, #23 Exhibit 52 through 65, #24 Exhibit 66 through 70, #25 Exhibit 71 through 74, #26 Exhibit 75 through 77, #27 Exhibit 78 through 81, #28 Exhibit 82, #29 Exhibit 83 Part 1, #30 Exhibit 83 Part 2, #31 Exhibit 84 and 85, #32 Exhibit 86 Part 1, #33 Exhibit 86 Part 2, #34 Exhibit 87 through 90, #35 Exhibit 91 Part 1, #36 Exhibit 91 Part 2, #37 Exhibit 92 through 103, #38 Exhibit 104 through 106, #39 Exhibit 107 and 108, #40 Exhibit 109 through 113)(Barrett, David)

EXHIBIT 71

EXHIBIT 72

EXHIBIT 73

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33C Commencement of procee... Page 1 of 1

Commonwealth Consolidated Acts
[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33C
Commencement of proceeding
(1) Subject to this Part, where:
(a) 7 or more persons have claims against the same person; and
(b) the claims of all those persons are in respect of, or arise out of, the same, similar or
related circumstances; and
(c) the claims of all those persons give rise to a substantial common issue of law or fact;
a proceeding may be commenced by one or more of those persons as representing some or all of them.
(2) A representative proceeding may be commenced:
(a) whether or not the relief sought:
(i) is, or includes, equitable relief; or
(ii) consists of, or includes, damages; or
(iii) includes claims for damages that would require individual assessment; or
(iv) is the same for each person represented; and
(b) whether or not the proceeding:
(i) is concerned with separate contracts or transactions between the respondent in the
proceeding and individual group members; or
(ii) involves separate acts or omissions of the respondent done or omitted to be done
in relation to individual group members.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback

http://www.austlii.edu.au/au/legis/cth/consol_act/fcoaa1976249/s33c.html

3/1/2011

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33E Is consent required to be a... Page 1 of 1

Commonwealth Consolidated Acts
[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33E
Is consent required to be a group member?
(1) The consent of a person to be a group member in a representative proceeding is not required
unless subsection (2) applies to the person.
(2) None of the following persons is a group member in a representative proceeding unless the
person gives written consent to being so:
(a) the Commonwealth, a State or a Territory;
(b) a Minister or a Minister of a State or Territory;
(c) a body corporate established for a public purpose by a law of the Commonwealth, of a
State or of a Territory, other than an incorporated company or association; or
(d) an officer of the Commonwealth, of a State or of a Territory, in his or her capacity as
such an officer.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback

http://www.austlii.edu.au/au/legis/cth/consol_act/fcoaa1976249/s33e.html

3/1/2011

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33J Right of group member to ... Page 1 of 1

Commonwealth Consolidated Acts
[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33J
Right of group member to opt out
(1) The Court must fix a date before which a group member may opt out of a representative
proceeding.
(2) A group member may opt out of the representative proceeding by written notice given under
the Rules of Court before the date so fixed.
(3) The Court, on the application of a group member, the representative party or the respondent
in the proceeding, may fix another date so as to extend the period during which a group member may opt
out of the representative proceeding.
(4) Except with the leave of the Court, the hearing of a representative proceeding must not
commence earlier than the date before which a group member may opt out of the proceeding.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback

http://www.austlii.edu.au/au/legis/cth/consol_act/fcoaa1976249/s33j.html

3/1/2011

EXHIBIT 74