Francis (Trustee) v Oculus Accounting Pty Ltd (No 3) [2022] FCA 363

Federal Court of Australia

Francis (Trustee) v Oculus Accounting Pty Ltd (No 3) [2022] FCA 363 File number: QUD 11 of 2020

Judgment of: DERRINGTON J

Date of judgment: 8 April 2022

Catchwords: PRACTICE AND PROCEDURE - class actions under Part IVA of the Federal Court of Australia Act 1976 (Cth) – settlement and discontinuance – second attempt to establish settlement is fair and reasonable for members of the class

Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Francis (Trustee) v Oculus Accounting Pty Ltd (No 2) [2021] FCA 1275

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 12

Date of hearing: 8 April 2022

Counsel for the Applicant: Mr S Monks

Solicitor for the Applicant: Bounty Law

Counsel for the Respondent: Mr D Dickie

Solicitor for the Respondent: Stacks Law Firm

ORDERS QUD 11 of 2020

BETWEEN: GARRY CHARLES FRANCIS AND JODI LEE FRANCIS BOTH IN THEIR OWN RIGHT, AND/OR ACTING AS TRUSTEES OF THE FRANCIS FAMILY TRUST, AND ALSO ACTING AS REPRESENTATIVES OF THE GROUP MEMBERS Applicants

AND: OCULUS ACCOUNTING PTY LTD ACN 097 021 031 Respondent

order made by: DERRINGTON J DATE OF ORDER: 8 APRIL 2022

THE COURT ORDERS THAT:

1. Pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth) the applicants be granted approval to settle and discontinue this proceeding in accordance with the Deed of Settlement dated 14 May 2021 and the Deed of Variation dated 18 February 2022. 2. That the costs order made on 30 April 2021 be set aside. 3. There be no order as to the costs of the proceedings. 4. Robert Neil Anderson, Garry Charles Francis, and Jodi Lee Francis each be relieved of any undertakings that they have given to this Court in this proceeding (whether express or implied) so far as those said undertakings may prohibit them from providing to any person who is a group member (as defined in s 33A of the Federal Court of Australia Act 1976 (Cth)) for the purposes of this proceeding with any document that came into their possession, power or control during the course of this proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.