Bradshaw v BSA Limited (No 2) [2022] FCA 1440

Federal Court of Australia

Bradshaw v BSA Limited (No 2) [2022] FCA 1440 File numbers: VID 488 of 2020

Judgment of: BROMBERG J

Date of judgment: 30 November 2022

Catchwords: REPRESENTATIVE PROCEEDINGS – application for approval of settlement of representative proceeding – s 33V of Federal Court of Australia Act 1976 (Cth) – principles relevant to settlement approval – whether proposed settlement fair and reasonable – whether common fund order should be made and in what terms – relevant principles – whether certain deductions from settlement sums should be allowed – whether sum proposed as funder's commission is appropriate – consideration as to the appropriate rate of commission in a proceeding instituted in the "no-costs" jurisdiction of the Fair Work Act 2009 (Cth) – whether costs incurred by a funder for adverse costs insurance should be allowed – whether pre-retainer legal costs should be allowed in full – whether deduction sought for legal costs including uplift appropriate – whether non-publication orders should be made – settlement approved on basis that the distribution of the settlement sum proposed be adjusted to reflect a reduction of the funder's commission, the disallowance of adverse costs insurance and the disallowance in part of pre-retainer legal costs.

Legislation: Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Independent Contractors Act 2006 (Cth) Legal Profession Uniform Law Application Act 2014 (Vic)