Thomas v Romeo Lockleys Asset Partnership [2022] FCA 1106

FEDERAL COURT OF AUSTRALIA

Thomas v Romeo Lockleys Asset Partnership [2022] FCA 1106 File numbers: SAD 105 of 2020 SAD 169 of 2020

Judgment of: CHARLESWORTH J

Date of judgment: 19 September 2022

Catchwords: PRACTICE AND PROCEDURE – application for approval of the settlement of two representative proceedings under s 33V of the Federal Court of Australia Act 1976 (Cth) – where lead applicants allege that they did not receive their full entitlements under the General Retail Industry Award 2010 for the hours worked in contravention of the Fair Work Act 2009 (Cth) – whether the proposed settlement is fair and reasonable in the interests of group members and as between them – respondents agreeing to pay lead applicants' costs – whether legal costs proposed to be charged by lead applicants' lawyers are in excess of that which may be lawfully claimed – lawyers' retainer void – lawyers failing to comply with the Legal Profession Act 2006 (ACT) – desirability of transparency and accountability in asserted claims for legal costs for class actions whether under a retainer or otherwise – relevance of the statutory context under the Fair Work Act 2009 (Cth) – discretion of the Court to fix a lower costs amount consistent with the settlement agreement reached between the parties – rejection of claimed costs amount – lower sum fixed – settlement approved

Legislation: Fair Work Act 2009 (Cth) ss 12, 539, 540, 557C, 570 Federal Court of Australia Act 1976 (Cth) ss 33X, 33V, 33ZJ, 37AE, 37AG, 54A Judiciary Act 1903 (Cth) s 79 Legal Profession Act 2006 (ACT) ss 269, 271, 277, 279, 283, 284, 287, 293 Federal Court Rules 2011 (Cth) r 28.61