In Gladstone Ports Corporation Limited v Murphy Operator Pty Ltd [2024] QCA 74, the appellant challenged decisions on the amendment of group definitions and the inclusion of new causes of action in a representative proceeding against Gladstone Ports Corporation Limited, particularly relating to its alleged negligence in the design, construction, and usage of a bund, leading to environmentally harmful discharges affecting commercial fishing. The crux of the appeal was whether proposed amendments introduced new causes of action and extended the class of group members, and thus whether they should take effect retrospectively or from the date of amendment.
The appellate court's decision to allow the appeal, set aside the primary judge's orders, and issue directives on the commencement date of definitional amendments and the dismissal of the application for further amendments highlights the judiciary's careful balancing of the need for substantive justice, procedural fairness, and class action manageability.