Where a class action is settled on an 'all inclusive' basis and legal costs represent more than 20% of the settlement sum, the court's protective role under s 33V requires appointment of an independent costs review, along the lines ordered by Sackville J in Courtney v MedTel (No 5). Confidential affidavits filed in support of settlement applications should not be entirely sealed from group members; redactions should be limited to material relating to the merits of the claim, individual confidential information, and matters agreed with defendants to be kept confidential. The reimbursement of a lead plaintiff from the settlement sum must be for time and expenditure incurred in a truly representative capacity and must be quantified with reasonable precision.
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