A Group Costs Order under s 33ZDA may be made where two law firms share carriage of a consolidated group proceeding and one firm's costs are partly financed by a litigation funder, provided the funding arrangements are not inconsistent with the essential operation of the GCO. An undertaking not to seek upward variation of the GCO rate is beneficial to group members but is not a statutory requirement and will not be imposed where not proffered. The complementary operation of ss 33ZDA(1) and 33ZDA(3) means a rate fixed early in proceedings may be reviewed once information informing proportionality becomes available.
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