The litigator representing Great Southern clients in a class action against Bendigo and Adelaide Bank has claimed court orders calling for further clarification are due to impending new legislation and not an error in their case.
In a letter to clients dated 8 December, legal firm Macpherson + Kelley (M+K) said a Victorian Supreme Court judge's decision regarding new amendments to the group's already amended statement of claim is due to the "complex nature" of the case.
"As of 1 January 2011, new legislation comes into place that will impact on how civil proceedings, such as this case, are managed," the letter said.
"The new legislation seeks a more collaborative and managed system rather than continuous applications, long hearings and awaiting decisions during the course of a proceeding.
"His Honour was mindful of that new legislation when adjourning the hearing so that the parties could consult and clarify further before coming back in February."
The letter said representatives of the bank complained that the amended claim did not explain what conduct was being complained about when describing the relationship between Great Southern Finance (GSF) and Great Southern Managers Australia Limited (GSMAL).
"We felt that it was made clear that all conduct in the [amended claim] was conduct that we say was done on behalf of both GSF and GSMAL and that a full reading of the [amended claim] would make that clear," it said.
"The judge took the view that if it risked confusion then we should take the step of repeating (or at least refer to) the conduct and that it would ultimately be easier to simply do that now.
"As the judge put it, 'it's a communication point' as opposed to a technical pleading point. We agreed that we could undertake that step."
All parties will return to court on 10 February 2011, at which time M+K will present a slightly modified version of the statement of claim.
