Section 33ZDA of the Supreme Court Act 1986 (Vic) requires a broad evaluative assessment in which the interests of group members are the primary consideration. The provision does not require that a GCO be demonstrated to yield a better outcome than a counterfactual funding arrangement in every case, but where the plaintiff's case is framed on that basis, the evidentiary burden must be discharged. Where existing binding NWNF arrangements are in place, the proposed GCO must be assessed against those arrangements, not hypothetical third party funding. Predictive modelling of litigation outcomes at an early stage may be insufficient to support the exercise of the discretion due to inherent uncertainty in the inputs.
The full text is available to signed-in members, including the 40 later cases that cite this judgment.
10 of the 40 citing cases carry a classified treatment. How each court treated it is available to signed-in members.