Section 33V(2) of the Federal Court of Australia Act 1976 (Cth) empowers the Court, upon settlement approval, to make an Expense Sharing Order requiring all class members to contribute pro rata to litigation funding charges from the common fund, notwithstanding the High Court's decision in BMW Australia Ltd v Brewster restricting common fund orders under s 33ZF.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.