A GCO rate of 30% inclusive of GST was approved in a shareholder class action, at the upper end of the range of rates ordered to date. GCO rates fixed in other proceedings are a relevant comparator that the Court may take into account. The median GCO rate across all cases as at December 2023 was 24.5%, and 24% in shareholder class actions. A rate at the upper end of the range may be allowed where there is real uncertainty about alternative funding and the rate is subject to review under s 33ZDA(3).
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