Transnational Class Action Dispute Over Oil Spill Commenced in Australia

In Short

The Background: Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd raised the question as to whether the Federal Court of Australia possesses the power to consider an extension of time on the class members' statute-barred claims.

The Issue: The Federal Court of Australia may be an appropriate forum for the resolution of transnational class action disputes involving events occurring in external Australian territories and beyond, including Indonesia.

Looking Ahead: The implication of this proceeding is that class members whose claims are statute-barred may apply for an extension of time, although each may, in certain circumstances, have to apply to the Court individually. This was the position reached by the Court in light of the Northern Territory limitations legislation and may impose a significant evidentiary burden on class members seeking an extension of the limitation period.