Boulos v M.R.V.L. Investments Pty Ltd (Settlement Approval) [2024] FCA 1377

Federal Court of Australia Boulos v M.R.V.L. Investments Pty Ltd (Settlement Approval) [2024] FCA 1377 File number(s): NSD 2168 of 2019

Judgment of: THAWLEY J

Date of judgment: 29 November 2024

Catchwords: REPRESENTATIVE PROCEEDINGS – settlement approval – whether the proposed settlement is fair and reasonable in the interest of group members and as between them – settlement approved REPRESENTATIVE PROCEEDINGS – deductions for funding commission and expenses, legal costs and scheme administration costs – whether proposed deductions should be made – where lawyer's costs agreement relevant to pre-funded period is void – need for transparency and assistance in claims for legal costs in class actions – lower amount for costs fixed than those claimed – whether funding commission is "just" – lower commission allowed – anticipated costs for administration of settlement distribution scheme allowed

Fair Work Act 2009 (Cth) s 570 Legislation: Federal Court of Australia Act 1976 (Cth) ss 33V, 33ZB Workplace Relations Act 1996 (Cth) Legal Profession Act 2006 (ACT) ss 269, 279, 284

Asirifi-Otchere v Swann Insurance (Aust) Pty Ltd (No 3) [2020] FCA 1885; 385 ALR 625 Augusta Ventures Limited v Mt Arthur Coal Pty Ltd [2020] FCAFC 194; 384 ALR 340 Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (in liq) (No 3) [2017] FCA 330; 343 ALR 476 BMW Australia Ltd v Brewster [2019] HCA 45; 269 CLR 574 Boulos v MRVL Investments Pty Ltd (No 2) [2021] FCA 309 Bradshaw v BSA Limited (No 2) [2022] FCA 1440 Camilleri v The Trust Company (Nominees) Ltd [2015] FCA 1468 Davaria Pty Ltd v 7-Eleven Stores Pty Ltd [2020] FCAFC 183; 281 FCR 501 Duck v Airservices Australia (No 3) [2021] FCA 304 Earglow Pty Ltd v Newcrest Mining Limited [2016] FCA 1433 Elliott-Carde v McDonald's Australia Limited [2023] FCAFC 162; 301 FCR 1 Cases cited: Fowkes v Boston Scientific Corporation [2023] FCA 230 Galactic Seven Eleven Litigation Holdings LLC v Davaria [2024] FCAFC 54; 302 FCR 493 Hall v Arnold Bloch Leibler (No 2) [2022] FCA 163 Haselhurst v Toyota Motor Corporation Australia Ltd [2022] NSWSC 1076 Kelly v Willmott Forests Ltd (in liq) (No 4) [2016] FCA 323; 335 ALR 439 Mitic v Oz Minerals Ltd (No 2) [2017] FCA 409 Money Max Int Pty Ltd (Trustee) v QBE Insurance Ltd [2016] FCAFC 148; 245 FCR 191 Petersen Superannuation Fund Pty Ltd v Bank of Queensland Ltd (No 3) [2018] FCA 1842; 132 ACSR 258 Schoneweiss v Fourth Force Pty Ltd (No 2) [2022] FCA 1489 Thomas v Romeo Lockleys Asset Partnership (No 2) [2022] FCA 1276 Thomas v Romeo Lockleys Asset Partnership [2022] FCA 1106 Uren v RMBL Investments Ltd (No 2) [2020] FCA 647 Watson & Co Superannuation Pty Ltd v Dixon Advisory and Superannuation Services Ltd (Settlement Approval) [2024] FCA 386