Gill v Ethicon Sarl (No 10) [2023] FCA 228

Federal Court of Australia

Gill v Ethicon Sàrl (No 10) [2023] FCA 228 File numbers: NSD 1590 of 2012 NSD 310 of 2021

Judgment of: LEE J

Date of judgment: 16 March 2023

Catchwords: REPRESENTATIVE PROCEEDINGS – two open class representative proceedings brought against manufacturer and supplier of pelvic "mesh" implants – where group members afflicted by physical, psychological and psychosocial difficulties – application under s 33V of the Federal Court of Australia Act 1976 (Cth) to approve settlement – bifurcation of question of approval of settlement and distribution of settlement sum – where hundreds of group member objections received – where liability findings already made and upheld on appeal – whether headline figure fair and reasonable inter partes and inter se – borderline case – settlement approved PRACTICE AND PROCEDURE – achieving the overarching purpose in case management of class actions –role of contradictor in guiding Court through complex settlement process – utility of reference process in identifying paradigm cases in large scale litigation – tender process for administration of settlement scheme

Legislation: Competition and Consumer Act 2010 (Cth) Pt VIB, ss 87L, 87M, 87Q, 87S, 87V Federal Court of Australia Act 1976 (Cth) Pt IVA, 33V, 33V(1), 33V(2), 33X, 33Y, 33ZF, 33ZF(1)(f), 37AF(1), 37AG(1)(a), 54A, 87P(1), 87P(2) Trade Practices Act 1974 (Cth) Pt VIB Federal Court Rules 2011 (Cth) Div 28.6 Civil Liability Act 2002 (WA) ss 11, 11(3) Civil Law (Wrongs) Act 2002 (ACT) s 98 Civil Liability Act 2002 (NSW) ss 12, 12(3) Civil Liability Act 2003 (Qld) s 54 Civil Liability Act 1936 (SA) s 54 Civil Liability Act 2002 (Tas) ss 3, 25 Personal Injuries (Liabilities and Damages) Act 2003 (NT) ss 18, 20 Wrongs Act 1958 (Vic) ss 28F, 28F(3)