Gill v Ethicon Sarl (No 13) [2023] FCA 1131

Gill v Ethicon Sarl (No 13) [2023] FCA 1131

The referee's report was adopted because it was thoughtful, comprehensive and demonstrated a thorough analytical approach; no proper legal basis was shown to reject it, the referee did not misapprehend his function or clearly fall into error, and the recommended settlement distribution scheme and administrators best served the fair, efficient and cost-effective distribution of the settlement funds to group members.

Jurisdiction
Australia
Judgment Date
15 September 2023
Procedural Posture
Open Class Representative Proceedings Concerning Pelvic "mesh" Implants / Post Settlement Approval Application for Adoption of Referee's Report, Approval of Settlement Distribution Scheme, Appointment of Administrators and Related Costs Orders
Outcome
Referee's report adopted; amended Settlement Distribution Scheme approved; BDO, JGA Saddler and Slater and Gordon appointed jointly and severally as administrators; referee and counsel assisting costs to be deducted from the settlement fund; related data transfer and costs timetable orders made.
Legal Topics
['approval of Settlement Distribution Scheme' "adoption of Referee's Report" 'administration of Class Action Settlement' 'competitive Tender Process for Settlement Scheme Administrator' 'deductions From Settlement Fund Under S 33 V(2) of the Federal Court of Australia Act 1976 (cth)']
['representative Proceedings' 'practice and Procedure' 'consumer Protection'] ['approval of Settlement Distribution Scheme' "adoption of Referee's Report" 'administration of Class Action Settlement' 'competitive Tender Process for Settlement Scheme Administrator' 'deductions From Settlement Fund Under S 33 V(2) of the Federal Court of Australia Act 1976 (cth)']

Case Brief

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Procedural Posture

Open Class Representative Proceedings Concerning Pelvic "mesh" Implants / Post Settlement Approval Application for Adoption of Referee's Report, Approval of Settlement Distribution Scheme, Appointment of Administrators and Related Costs Orders

Legal Issues

  1. 1 ["Whether the referee's report as to administration of the settlement scheme should be adopted." 'Whether the amended settlement distribution scheme proposed by BDO, JGA Saddler and Slater and Gordon should be approved.' 'Whether BDO, JGA Saddler and Slater and Gordon should be appointed to administer the Settlement Distribution Scheme.' 'Whether the costs and disbursements of the referee and counsel assisting should be deducted from the settlement fund.']

Ratio Decidendi

The referee's report was adopted because it was thoughtful, comprehensive and demonstrated a thorough analytical approach; no proper legal basis was shown to reject it, the referee did not misapprehend his function or clearly fall into error, and the recommended settlement distribution scheme and administrators best served the fair, efficient and cost-effective distribution of the settlement funds to group members.

Court Disposition

Referee's report adopted; amended Settlement Distribution Scheme approved; BDO, JGA Saddler and Slater and Gordon appointed jointly and severally as administrators; referee and counsel assisting costs to be deducted from the settlement fund; related data transfer and costs timetable orders made.

Orders

  • ['Pursuant to s 54A(3) of the Federal Court of Australia Act 1976 (Cth), the Report of the Honourable J L B Allsop AC dated 8 September 2023 was adopted in full or in whole.' 'Pursuant to s 33V(2) of the Federal Court of Australia Act 1976 (Cth), the costs and disbursements of the referee and counsel assisting, Ms...