A Group Costs Order under s 33ZDA may be granted where the evidence establishes a real prospect that third party funding would deliver a worse financial outcome to group members, without requiring proof of specific alternative funding terms. Comparative outcomes modelling between a GCO and a no-win-no-fee arrangement is relevant but not determinative, particularly at an early stage of proceedings. The proposed percentage rate may be assessed by reference to historical third party funding commission rates as a practically available measure of reasonableness.
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