Federal Court of Australia
[2020] FCA 1057FEDERAL COURT OF AUSTRALIA
Webster (Trustee) v Murray Goulburn Co-Operative Co. Limited (No 4) [2020] FCA 1053 File number: VID 508 of 2017
Judge: MURPHY J
Date of judgment: 9 April 2020
Date of publication of reasons: 22 July 2020
Catchwords: REPRESENTATIVE PROCEEDINGS – application for Court approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – whether the proposed settlement is fair and reasonable – where both Costs Referee and Contradictor appointed – where Costs Referee proposed a substantial reduction in the plaintiff's legal costs to be approved by the Court – where Contradictor proposed a substantial reduction in the litigation funding commission to be approved by the Court – whether Court has power to order payment of a litigation funding commission as a percentage of gross settlement sum – whether the funding rate is fair and reasonable – settlement approved with substantial reductions in the quantum of the plaintiff's legal costs and the litigation funding commission
Legislation: Corporations Act 2001 (Cth) ss 674(2), 769C, 1022B, Federal Court of Australia Act 1976 (Cth) ss 33V, 33ZB, 33ZF, 37AF, 37AG(1)(a), 47B, 47E, 54A, Civil Procedure Act 2005 (NSW) s 183 Legal Profession Uniform Law (Sch 1 to the Legal Profession Uniform Law Application Act 2014 (Vic)) ss 172, 174, 175, 176, 178(1), 180(3), 181, 182, 185
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