A deed of settlement of group proceedings, approved by court order under s 33V of the Supreme Court Act 1986 (Vic), is binding on group members in accordance with its terms, including in respect of individual claims and defences beyond the common issues litigated in the group proceedings. The High Court's observations in Timbercorp — that a lead plaintiff represents group members only with respect to the claims the subject of the proceeding — apply to judgments but not to settlements, because the court's orders under s 33ZF supply the privity otherwise absent. Orders of a superior court of record approving a settlement cannot be 'read down' by severance to confine their operation to common issues.
The full text is available to signed-in members, including the 39 later cases that cite this judgment.
1 of the 39 citing cases carry a classified treatment. How each court treated it is available to signed-in members.