The case provides a comprehensive distillation of the principles applicable to approval of class action settlements under s 33V of the Federal Court of Australia Act 1976 (Cth), including inter partes fairness, inter se fairness of distribution schemes, and the level of costs scrutiny required. The factors identified for assessing distribution scheme fairness — including whether the same methodology applies to all claimants, whether the methodology proxies trial damages principles, and whether adequate review mechanisms exist — provide a practical checklist for practitioners seeking settlement approval.
The full text is available to signed-in members, including the 97 later cases that cite this judgment.
7 of the 97 citing cases carry a classified treatment. How each court treated it is available to signed-in members.