Cantor v Audi Australia Pty Limited (No 7) [2022] FCA 317

FEDERAL COURT OF AUSTRALIA

Cantor v Audi Australia Pty Limited (No 7) [2022] FCA 317 File numbers: NSD 1307 of 2015 NSD 1308 of 2015 NSD 1459 of 2015 NSD 1472 of 2015 NSD 1473 of 2015

Judgment of: YATES J

Date of judgment: 1 April 2022

Catchwords: CONSUMER LAW – representative proceedings – whether the Court should make non-publication orders, on the ground that non-publication is necessary to prevent prejudice to the proper administration of justice – ss 37AF and 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) – whether the Court should approve the applicants' legal costs – whether the Court should approve the Administrator's costs of administering the Settlement Scheme – where costs verified as being reasonable by a costs expert – whether the Court should make a self-executing order for approval of further costs, where the Court should retain control of the approval process for further costs

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG, 37AJ, 33V, 33ZF, Pt VAA Evidence Act 1995 (Cth) ss 59, 75

Cases cited: Australian Competition and Consumer Commission v Valve Corporation (No 5) [2016] FCA 741 Cannon v Griffiths & Ors (No 2) [2015] NSWSC 1329 Cantor v Audi Australia Pty Limited (No 5) [2020] FCA 637 Clime Capital Limited v UGL Pty Limited [2020] FCA 66 Gray v State of Victoria (Department of Education and Early Childhood Development) [2017] FCA 353 Hogan v Australian Crime Commission [2010] HCA 21; 240 CLR 651 Lifeplan Australia Friendly Society Limited v S&P Global Inc [2018] FCA 379