Lenthall v Westpac Banking Corporation (No 3) [2021] FCA 1004

Federal Court of Australia

Lenthall v Westpac Banking Corporation (No 3) [2021] FCA 1004 File number: NSD 1812 of 2017

Judgment of: LEE J

Date of judgment: 9 August 2021

Catchwords: REPRESENTATIVE PROCEEDINGS – large consumer class action with long procedural history – settlement approval application pursuant to s 33V of Federal Court of Australia Act 1976 (Cth) – where settlement has a "claims cap" – reasonableness of legal costs – consideration of costs referee report and reduction of certain fees –reasonableness of counsel's fees – whether further notice should be issued to group members informing them of the need to register – whether power to order a further notice – whether ordering a further notice is a proper exercise of discretion – further notice appropriate in all the circumstances – whether Court appointed administrator should have access to list of group member information to send out further notices – extent to which the Court appointed administrator can communicate with group members – settlement approved

Legislation: Federal Court of Australia Act 1976 (Cth) ss 33V, 33X, 33ZF

Australian Law Reform Commission, Grouped Proceedings in the Federal Court (Report No 46, 1988) Class Actions Practice Note (CPN-CA)

Cases cited: Australian Securities and Investments Commission v Richards [2013] FCAFC 89 Hearne v Street [2008] HCA 36; (2008) 235 CLR 125 Lenthall v Westpac Banking Corporation (No 2) [2020] FCA 423; (2020) 144 ACSR 573 Muswellbrook Shire Council v Royal Bank of Scotland NV [2017] FCA 414 Tasfast Air v Mobil Oil Australia Limited [2002] VSC 457