There was a hearing this morning in Melbourne. Details are...

There was a hearing this morning in Melbourne. Details are available from ecourts, the Commonwealth Courts Portal. Here are the orders from His Honour, Justice Ryan:

(Sorry about the formatting)


IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
No: (P)VID366/2008

NICHOLAS VLACHOS
First Applicant

MONATEX PTY LTD ACN 077 729 830
Second Applicant

RAMON FRANCO
Third Applicant

CENTRO PROPERTIES LIMITED ACN 078 590 682
First Respondent

CPT MANAGER LTD ACN 054 494 307
Second Respondent

CENTRO RETAIL LIMITED ACN 114 757 783
Third Respondent

CENTRO MCS MANAGER LIMITED ACN 051 908 984
Fourth Respondent
ORDER

JUDGE:
Justice Ryan
DATE OF ORDER:
17 December 2008
WHERE MADE:
Melbourne
THE COURT ORDERS BY CONSENT THAT:
1. Pursuant to section 33J of the Federal Court of Australia Act 1976 (“the Act”), 27 February 2009 be fixed as the date before which a group member may opt out of this proceeding.
2. Pursuant to section 33ZF of the Act, any group member who wishes to pursue a claim for compensation in this proceeding must, by not later than 4:00pm on 27 February 2009, deliver to the solicitors for the Applicants a completed “Group Member Registration Form” in the form set out within Annexure A to these Orders.
3. Pursuant to sections 33X and 33Y of the Act, the terms of the notice set out in Annexure A to these Orders are approved (“the Notice”).
4. The Notice be given to group members according to the following procedure:
(a) on or before 24 December 2008, the First and Second Respondents provide to a mail house distribution service nominated by them details of all securityholders recorded on the Centro Properties Group (“CNP”) Australian share register who purchased stapled securities in CNP between 5 April 2007 and 28 February 2008 inclusive, other than those securityholders who the First and Second Respondents are reasonably able to identify from the share register as group members in Federal Court proceeding VID 326 of 2008:
(b) on or before 24 December 2008, the Third and Fourth Respondents provide to a mail house distribution service nominated by them, details of all security holders recorded on the Centro Retail Trust (“CER”) Australian share register who purchased stapled securities in CER between 5 April 2007 and 28 February 2008 inclusive, other than those securityholders who the Third and Fourth Respondents are reasonably able to identify from the share register as being group members in Federal Court proceeding VID 327 of 2008.
(c) by no later than 16 January 2009 the Respondents cause the mailhouse to send the Notice by prepaid ordinary post to each securityholder at the address recorded for that person on the share registers, the costs of the mail out to be paid by the Applicants; and
(d) by no later than 16 January 2009 the Applicants cause (at their expense):
(i) advertisements in the terms of the Notice to be published in the legal notices or equivalent section in one weekday edition of each of:
I. the Australian Financial Review;
II. The Australian;
III. the Sydney Morning Herald; and
IV. The Age; and
(ii) a representation of the Notice to be displayed on the website of the Applicants’ solicitors, www.slatergordon.com.au, and to remain so displayed until and including 27 February 2009.
5. The information referred to in paragraph 4(a) and 4(b) above shall not be disclosed to the Applicants or their legal representatives.
6. The costs of and incidental to the procedure set out in paragraph 4 above shall be costs in the cause.
7. If the solicitors for any party receive, on or before 27 February 2009, a notice purporting to be an opt-out notice referable to this proceeding, the solicitors shall file the notice in the Victoria District Registry within seven (7) days, and the notice shall be treated as an opt-out notice received by the Court at the time it was received by the solicitors.
8. Pursuant to s 33ZF of the Act, 27 February 2009 be fixed as the date before which group members must register to make a claim for compensation from the Respondents in this proceeding (‘Registered Group Members’).
9. Any person who is a group member and who neither opts out nor is a Registered Group Member is hereby barred from making any claim against the Respondents or any of them in respect of or relating to the subject matter of this proceeding.
10. By 4:00pm on 13 March 2009 or seven (7) days after the determination of any notice given in accordance with paragraph 11 below, whichever is later, the Applicant:
(a) deliver to the Respondents a list of the Registered Group Members, which list shall contain:
(i) the information in the Group Member Registration Form; and
(ii) any amendments to the information in the Group Member Registration Form as notified to the solicitors for the Applicant by that date;
such information to be kept confidential by the Respondents; and
(b) file, in a sealed envelope marked “Confidential List of Group Members – Not to be Opened without leave of the Court or a Judge”, a list of the Registered Group Members.
11. Any group member wishing to seek a variation of these orders must deliver to the Applicant’s solicitors, by not later than 4:00pm on 27 February 2009, written notice of the variation sought and a statement of the reasons for seeking the variation, and the solicitors shall forthwith notify the Respondents and the Court of the notice and the reasons.
12. The Applicants’ solicitors and the Respondents’ solicitors have leave to inspect the court file and to copy any opt-out notices filed by group members.
Mediation
13. Pursuant to Order 72(1) of the Federal Court Rules the proceeding be referred to mediation.
14. That mediation of the proceeding be completed before 17 April 2009 at a time and place to be agreed by the parties.
15. The mediator shall be agreed by the parties to the proceeding and by the parties in VID 326 of 2008 and VID 327 of 2008 (“Mediation participants”) with liberty to apply in the event that the Mediation participants are unable to reach agreement.
16. The mediation shall be conducted in a manner agreed by the Mediation participants.
17. The mediator shall not be obliged to report back to the Court regarding the mediation.
Discovery
18. By 23 January 2009 the parties shall agree on the categories of documents to be discovered as an initial tranche of discovery (“the initial tranche of discovery”) and the format of the initial tranche of discovery.
19. On or before 4pm on 13 February 2009 the parties provide the initial tranche of discovery.
Further Directions
20. The directions hearing be adjourned to10.15am on a date to be fixed being not earlier than 1 May 2009.
21. Liberty to apply on four (4) business days notice to all parties.

Date that entry is stamped: 17th December 2008.


(for) Deputy District Registrar


ANNEXURE A

Centro Properties Group and Centro Retail Trust
SHAREHOLDER CLASS ACTIONS AGAINST CENTRO
(regarding shares purchased between 5 April 2007 and 28 February 2008)
This notice is an important document which may affect your legal rights. You should read it carefully and, if you do not understand any part of it, you may wish to seek legal advice in relation to its contents.
On 23 May 2008, a representative proceeding was commenced in the Federal Court of Australia against Centro Properties Limited, CPT Manager Limited, Centro Retail Limited and Centro MCS Manager Ltd (“the Centro entities”). In this document this proceeding is referred to as the Centro class action.
The Centro class action is brought by Nicholas Vlachos, Monatex Pty Ltd and Ramon Franco (the Applicants). The Applicants’ claim is made on their own behalf and on behalf of group members (defined below) and is for damages for loss allegedly arising from the purchase of stapled securities in Centro Properties Group (CNP) and Centro Retail Trust (CER) between 5 April 2007 and 28 February 2008.
The Applicants allege that the Centro entities breached the Australian Securities Exchange (ASX) Listing Rules, the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission Act 2001 (Cth) and the Trade Practices Act 1974 (Cth) by making certain representations to the market and by failing to immediately disclose to the ASX information that a reasonable person would expect to have a material effect on the price or value of CNP and CER securities. The Applicants also allege that the Centro entities engaged in misleading and deceptive conduct by making statements to the market that failed to disclose this information.
The Centro entities reject the allegations and are defending the claims on a number of grounds, including that they fully disclosed all appropriate information to the ASX when required.
If you fit the description of a group member in the Centro class action you should read this notice carefully as it will affect your rights.
WHO IS A GROUP MEMBER?
You are a group member in the claim if all of the following apply to you:
1. You purchased stapled securities in CNP or CER between (and including) 5 April 2007 and 28 February 2008.
2. You suffered loss and damage by or resulting from the alleged conduct of the Centro entities set out above.
3. You are not:
• a group member in Federal Court of Australia proceedings VID 326 or 327 of 2008 between Richard Kirby as Applicant and the Centro entities by reason that you entered into a funding agreement with IMF (Australia) Ltd in relation to those proceedings;
• Motown Investments Pty Ltd (ACN 005 613 098); or
• a Justice, Registrar, District Registrar or Deputy District Registrar of the High Court of Australia or the Federal Court of Australia, or the spouse or parent or child of such a person, or a body corporate of which such a person is a director or officer, or a trustee under a trust of which such a person is a named beneficiary.
WHAT IS ABOUT TO HAPPEN
The Federal Court has ordered that a mediation be held to explore the possible resolution of the claims in the Centro class action.
To enable the Applicants and Centro entities to know which group members actually want to claim compensation against the Centro entities, the Court has also ordered that group members must register with the Applicants’ solicitors. Group members who do not register will not be able to pursue any claims.
WHAT GROUP MEMBERS MUST DO
If you fit the definition of a “group member” in the Centro class action you must choose one of the following options:
Option A: If you do not wish to be a group member you should “opt out” of the proceeding by completing the “Notice of Opting Out” below. If you opt out then you will not be affected by any orders made in the Centro class actions. You will not be permitted to participate in the distribution of any damages award or settlement payments in the class action. You will be able to commence separate proceedings on your own behalf if you wish to do so.
Option B: If you wish to remain a group member and make a claim for any losses you claim to have suffered as a result of the events described in the Amended Statement of Claim, you must complete the “Group Member Registration Form” below.
Option C: If you want to challenge the orders made by the Court requiring the registration of claims for compensation, you must send a written notice to the Applicants’ solicitors setting out the challenge you want to make and the reasons for that challenge. You may then be required to attend the Court at a later date to have your challenge heard.
You must decide what to do BEFORE 4:00pm on 27 FEBRUARY 2009. If you want to opt out you must send your “Notice of Opting Out” to the Federal Court so that it arrives before that deadline. Alternatively, if you wish to register as a group member you must send your “Group Member Registration Form” to the Applicants’ solicitors, Slater & Gordon, so that it arrives at Slater & Gordon before the deadline. If you want to challenge the orders requiring the registration of claims for compensation, you must send your written reasons for the challenge to Slater & Gordon by the deadline.
IT IS IMPORTANT that you take extreme care when completing the Group Member Registration Form as this will provide the basis upon which any entitlement to compensation that you may have will be determined.
If you do nothing, (ie. you do not complete an opt out notice and do not register to make a claim), you will be prevented from making a claim against the Centro entities or any of them at a later stage or by a separate proceeding. In other words if you do nothing you will lose your rights to bring any claim for damages against the Centro entities in relation to the allegations made in the Centro class action.
LEGAL COSTS
Note, you will not become liable for any legal costs simply by registering your claim for compensation as a group member under Option B. However, if the class action results in a judgment in favour of the Applicants or in a negotiated settlement, then:
(a) the finalisation of your personal claim might require work to be done in processing your claim. If such work is required you might need the assistance of solicitors. You may enter into a retainer agreement with Slater & Gordon (or other solicitors) to do that work if it becomes necessary and you will be liable for costs associated with the determination of issues concerned only with your claim. If you wish to retain Slater & Gordon you should contact them at the address below; and
(b) if any compensation becomes payable to you, the Applicants may ask the Court to make an order that some of that compensation be used to pay a portion of the legal costs incurred by them in running the class action.
IF YOU HAVE ANY QUESTIONS
If you are not sure whether you are a group member, or if you have any other questions regarding the Centro class action, you should contact the Applicants’ solicitors (Slater & Gordon) at 533 Little Lonsdale Street in Melbourne, or by calling 1800 555 777, or by visiting their website at www.slatergordon.com.au or by sending an e-mail to [email protected]. Alternatively you can seek your own legal advice.
Copies of the court papers which detail the claims made in the Centro class action (the “Application” and the “Amended Statement of Claim”) can also be viewed on the Slater & Gordon website.
This Notice is published pursuant to Orders made by the Federal Court on 17 December 2008.

OPTION A
NOTICE OF OPTING OUT
Vlachos & Ors v Centro Properties Ltd & Ors
No. VID 366 of 2008
TO : The Registrar
Federal Court of Australia
Melbourne Registry
Commonwealth Law Courts Building
305 William Street
Melbourne VIC 3000

The person identified as a group member below gives notice under section 33J of the Federal Court of Australia Act 1976 that he, she or it is OPTING OUT of this proceeding.
Name of person/entity owning the shares (“Group Member”):
……….. . . . . . . . . . . . . . . . . . . . . . . . . . . ……………………..
ACN/ABN (if a company): . . . . . . . . . . . . . . . . . . . . . . . . . . .
HIN/SRN: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name of person signing: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . /. . . . . . . . / 2009
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Email: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Postal address: . . . . . . . . . . . . . . . . . . . . . . . . . . .



OPTION B
GROUP MEMBER REGISTRATION FORM
Vlachos & Ors v Centro Properties Ltd & Ors
No. VID 366 of 2008
TO : SLATER & GORDON
533 Little Lonsdale Street
MELBOURNE VIC 3000

The person identified as a group member below REGISTERS their claim for compensation.
Name of person/entity owning the shares (“Group Member”):
…….... . . . . . . . . . . . . . . . . . . . . . . . . . . ………………………ACN/ABN (if a company): . . . . . . . . . . . . . . . . . . . . . . . . . . .
HIN/SRN: . . . . . . . . . . . . . . . . . . . . . . . . . . .
No. of securities purchased between 5 April 2007 and 28 February 2008: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total price paid for securities: . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name of person signing: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . /. . . . . . . . / 2009
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Email: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Postal address: . . . . . . . . . . . . . . . . . . . . . . . . . . .