Schoneweiss v The Fourth Force Pty Ltd [2022] FCA 1236

Schoneweiss v The Fourth Force Pty Ltd [2022] FCA 1236

The court approved the proposed settlement under s 33V of the Federal Court of Australia Act 1976 (Cth), finding it fair and reasonable in light of early-stage proceedings, quantum, notice to group members, and risks under s 570 of the Fair Work Act. Costs will be assessed separately, and suppression orders limited to material affecting the proper administration of justice.

Parties
Applicant: Craig Schoneweiss; First Respondent: The Fourth Force Pty Ltd (ACN 084 438 773); Second Respondent: Dramet Pty Ltd (ACN 109 544 425)
Jurisdiction
Australia
Judgment Date
06 October 2022
Procedural Posture
Representative Proceeding (class Action) / Approval of Settlement
Outcome
Settlement approved. Costs assessment deferred.
Legal Topics
Class Actions, Settlement Approval, Fair Work Act Contraventions, Legal Costs, Suppression Orders
Employment and Industrial Relations Class Actions Settlement Approval Fair Work Act Contraventions Legal Costs Suppression Orders

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Parties

Craig Schoneweiss

Applicant

The Fourth Force Pty Ltd (ACN 084 438 773)

First Respondent

Dramet Pty Ltd (ACN 109 544 425)

Second Respondent

Procedural Posture

Representative Proceeding (class Action) / Approval of Settlement

Legal Issues

  1. 1 Whether proposed settlement of a representative proceeding should be approved under s 33V of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether settlement is fair and reasonable for group members
  3. 3 Reasonableness of legal costs to be deducted from settlement sum

Ratio Decidendi

The court approved the proposed settlement under s 33V of the Federal Court of Australia Act 1976 (Cth), finding it fair and reasonable in light of early-stage proceedings, quantum, notice to group members, and risks under s 570 of the Fair Work Act. Costs will be assessed separately, and suppression orders limited to material affecting the proper administration of justice.

Court Disposition

Settlement approved. Costs assessment deferred.

Orders

  • Settlement recorded in Deed of Settlement and Release and Settlement Distribution Scheme approved (subject to amendments).
  • Applicant authorised to enter and give effect to the Deed on behalf of non-opt-out class members.