Federal Court of Australia
Federal Court of Australia
Schoneweiss v The Fourth Force Pty Ltd [2022] FCA 1236 File number: SAD 156 of 2020
Judgment of: CHARLESWORTH J
Date of judgment: 6 October 2022
Date of publication of reasons: 18 October 2022
Catchwords: PRACTICE AND PROCEDURE– application for approval of settlement of a representative proceeding under s 33V of the Federal Court of Australia Act 1976 (Cth) – where applicant and Group Members allege contraventions of the Fair Work Act 2009 (Cth) – whether proposed settlement is fair and reasonable in the interests of Group Members to be bound to it – settlement having effect of Group Members sharing the liability to pay the lead applicant's costs – whether legal costs proposed to be charged by lead applicant's solicitors are reasonable – whether enduring suppression orders should be made over material relevant to proposed settlement – proposed settlement approved – assessment of costs deferred
Legislation: Federal Court of Australia Act 1976 (Cth) s 33V Fair Work Act 2009 (Cth) s 570 Legal Profession Act 2006 (ACT)
Cases cited: Australian Securities and Investments Commission v Richards [2013] FCAFC 89 Baker v Woolworths Group Limited (No 2) [2022] FCA 534 Blairgowrie Trading Ltd v Allco Finance Group Ltd (recs & mgrs apptd) (in liq) (No 3) [2017] FCA 330; 343 ALR 476 Caason Investments Pty Limited v Cao (No 2) [2018] FCA 527 Evans v Davantage Group Pty Ltd (No 3) [2021] FCA 70 Kelly v Willmott Forests Ltd (in liq) (No 4) [2016] FCA 323; 335 ALR 439 Prygodicz v Commonwealth of Australia (No 2) (2021) 173 ALD 277 Thomas v Romeo Lockleys Asset Partnership [2022] FCA 1106
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