Federal Court of Australia
Federal Court of Australia
Furnell v SEPL Pty Ltd [2022] FCA 1603 File number: SAD 76 of 2020
Judgment of: CHARLESWORTH J
Date of judgment: 13 December 2022
Date of publication of reasons: 24 January 2023
Catchwords: REPRESENTATIVE PROCEEDINGS – application for approval of settlement – whether proposed settlement fair and reasonable as between the parties and as between group members – settlement sum to include a capped amount for the applicants' costs – whether issues affecting the applicants' costs warrant further enquiry – whether any further enquiry would result in an assessment below the capped figure – settlement including the capped costs sum approved
Legislation: Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) ss 33V, 33VF
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 (ACN 007 721 129)(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 Schoneweiss v The Fourth Force Pty Ltd (No 2) [2022] FCA 1489 Stanford v DePuy International Ltd (No 6) [2016] FCA 1452 Thomas v Romeo Lockleys Asset Partnership [2022] FCA 1106
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