In a four-way carriage contest between experienced class action firms, the most attractive funding proposal (here a GCO at 14%) may carry decisive weight where other factors are finely balanced. The issues relevant to a GCO application are substantially a sub-set of the issues relevant to carriage. A GCO at 14% was ordered — the lowest rate in the Victorian Supreme Court to that date. Developments in related regulatory proceedings (here, AUSTRAC) that remain uncertain and unquantified in their impact on the class action do not constitute fresh evidence warranting reopening.
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