Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kemp v Westpac Banking Corporation (No 5) [2024] FCA 996 File number(s): VID 134 of 2020
Judgment of: O'BRYAN J
Date of judgment: 26 August 2024
Catchwords: REPRESENTATIVE PROCEEDINGS – application for approval of the costs of administering the settlement distribution scheme and the amounts for final distribution to group members
Legislation: Federal Court of Australia Act 1976 (Cth), ss 33V, 33ZF and 37AF
Cases cited: Fordham v Commonwealth Bank of Australia [2023] FCA 1106 Kemp v Westpac Banking Corporation (No 4) [2023] FCA 830
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 28
Date of last submission/s: 16 August 2024
Date of hearing: Determined on the papers
Solicitor for the Applicant: Slater and Gordon
Solicitor for the Respondents: Allens
ORDERS VID 134 of 2020
BETWEEN: ROGER KEMP Applicant
AND: WESTPAC BANKING CORPORATION ACN 007 457 141 First Respondent
WESTPAC GENERAL INSURANCE LIMITED ACN 003 719 319 Second Respondent
WESTPAC LIFE INSURANCE SERVICES LIMITED ACN 003 149 157 Third Respondent
order made by: O'BRYAN J DATE OF ORDER: 26 AUGUST 2024
THE COURT ORDERS THAT:
1. Order 7(a) of the orders of the Court made on 21 June 2023 be amended to read: "the amount of $6,669,056.14 for the applicants' legal costs and disbursements to 21 June 2023, on a solicitor and own client basis, incurred in connection with the proceeding including subsequent to the date of the Settlement Deed and Settlement Distribution Scheme". 2. Pursuant to order 8 of the orders of the Court made on 21 June 2023 and ss 33ZF and 33V of the Federal Court of Australia Act 1976 (Cth) (the Act), an additional amount of $238,262.94 from monies paid under the settlement, for the applicants' legal costs and disbursements from 22 June 2023 incurred in connection with the proceeding including the administration of the Settlement Distribution Scheme, be approved. 3. Pursuant to s 37AF of the Act, to prevent prejudice to the proper administration of justice, the following documents are confidential and are not to be published until further order: (a) annexure BH-23 to the affidavit of Benedict Tobin Hardwick affirmed on 16 July 2024, being the Settlement Distribution Scheme Administration Proposal from Deloitte Financial Advisory Pty Ltd dated 6 December 2022; and (b) that part of annexure BH-25 to the affidavit of Benedict Tobin Hardwick affirmed on 16 July 2024 that is confidential annexure KM-04 to the affidavit of Kirsten Marie Morrison affirmed 16 August 2023, being the Settlement Distribution Scheme Administration Proposal from Deloitte Financial Advisory Pty Ltd dated 6 December 2022. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate