Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gill v Ethicon Sàrl (No 13) [2023] FCA 1131 File numbers: NSD 1590 of 2012 NSD 310 of 2021 NSD 244 of 2021
Judgment of: LEE J
Date of judgment: 15 September 2023
Date of publication of reasons: 21 September 2023
Catchwords: REPRESENTATIVE PROCEEDINGS – three open class representative proceedings brought against manufacturers and suppliers of pelvic "mesh" implants – where proposed settlements approved under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) pending orders for just deductions under s 33V(2) – whether referee's report as to administration of settlement scheme should be adopted PRACTICE AND PROCEDURE – achieving the overarching purpose in case management of class actions –utility of reference process in large scale litigation – tender process for administration of settlement scheme
Legislation: Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 33V(1), 33V(2)
Cases cited: Fowkes v Boston Scientific Corporation [2023] FCA 230 Gill v Ethicon Sàrl (No 10) [2023] FCA 228 Gill v Ethicon Sàrl (No 11) [2023] FCA 229 Lifeplan Australia Friendly Society Limited v S&P Global Inc (Formerly McGraw- Hill Financial, Inc) (A Company Incorporated in New York) [2018] FCA 379 VoR Environmental Australia Proprietary Limited v Taset Inc. (No 2) [2019] FCA 1094; (2019) 385 ALR 312
Australian Law Reform Commission, Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders (Report 134, December 2018)
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