Federal Court of Australia
Federal Court of Australia
Schoneweiss v The Fourth Force Pty Ltd (No 2) [2022] FCA 1489 File number: SAD 156 of 2020
Judgment of: CHARLESWORTH J
Date of judgment: 28 November 2022
Date of publication of reasons: 12 December 2022
Catchwords: REPRESENTATIVE PROCEEDINGS – approved settlement providing for the payment of lead applicant's costs out of settlement sum before distribution of remainder – costs equalisation order – assessment of costs – opinion of independent cost consultant obtained – whether any weight should be afforded the lead applicant's consent to the amount recommended by the consultant – Court not accepting opinion of consultant in several respects – value of opinion diminished by quality of materials and instructions provided to consultant – consequences for costs of breach by lead applicant's lawyer of statutory obligations of disclosure
Legislation: Fair Work Act 2009 (Cth) s 50 Federal Court of Australia Act 1976 (Cth) ss 33V, 33ZF Judiciary Act 1903 (Cth) ss 79, 80 Legal Practitioners Act 1981 (SA) Legal Profession Act 2006 (ACT) s 6, 266, 269, 271, 273, 277, 278, 279, 283, 284, 287, 290, 291, 292, 300, 300A, 302 Federal Court Rules 2011 (Cth) r 40.13
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 Kelly v Willmott Forests Ltd (in liq) (No 4) [2016] FCA 323; 335 ALR 439 Rizeq v Western Australia (2017) 262 CLR 1 Schoneweiss v The Fourth Force Pty Ltd [2022] FCA 1236 Thomas v Romeo Lockleys Asset Partnership [2022] FCA 1106 Thomas v Romeo Lockleys Asset Partnership (No 2) [2022] FCA 1276
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