Hall v Arnold Bloch Leibler (a firm) (No 2) [2022] FCA 163

Hall v Arnold Bloch Leibler (a firm) (No 2) [2022] FCA 163

The settlement was approved as fair and reasonable under s 33V of the Federal Court of Australia Act, including the terms of deductions for legal costs, funder's commission, and other allocations in the Settlement Distribution Scheme. The commission of 28% by way of a common fund order was held to be appropriate due to the risk, contractual comparators, and absence of substantive objection. The Court was satisfied that the proposed distribution and notification processes were sufficient and that the releases under the deed were not overbroad.

Jurisdiction
Australia
Judgment Date
04 March 2022
Procedural Posture
Representative Proceeding (class Action) / Settlement Approval Under S 33 V of the Federal Court of Australia Act 1976 (cth)
Outcome
Settlement approved. Orders made approving deductions for legal costs, funder's commission, applicant's reimbursement, and approving the settlement distribution scheme. All claims and cross-claims to be dismissed on completion of settlement distribution scheme administration.
Legal Topics
['class Actions' 'settlement Approval' 'litigation Funding' 'proportionate Liability' 'misleading or Deceptive Conduct' 'negligence']
['commercial Law' 'corporations' 'consumer Protection'] ['class Actions' 'settlement Approval' 'litigation Funding' 'proportionate Liability' 'misleading or Deceptive Conduct' 'negligence']

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Procedural Posture

Representative Proceeding (class Action) / Settlement Approval Under S 33 V of the Federal Court of Australia Act 1976 (cth)

Legal Issues

  1. 1 ['Whether the proposed settlement should be approved under s 33V of the Federal Court of Australia Act 1976 (Cth)' 'Appropriateness and fairness of litigation funding commission and common fund order' 'Fairness of the settlement distribution scheme, including deduction of costs and commissions']

Ratio Decidendi

The settlement was approved as fair and reasonable under s 33V of the Federal Court of Australia Act, including the terms of deductions for legal costs, funder's commission, and other allocations in the Settlement Distribution Scheme. The commission of 28% by way of a common fund order was held to be appropriate due to the risk, contractual comparators, and absence of substantive objection. The Court was satisfied that the proposed distribution and notification processes were sufficient and that the releases under the deed were not overbroad.

Court Disposition

Settlement approved. Orders made approving deductions for legal costs, funder's commission, applicant's reimbursement, and approving the settlement distribution scheme. All claims and cross-claims to be dismissed on completion of settlement distribution scheme administration.

Orders

  • ["The settlement deed executed 16 November 2021 approved; distribution scheme approved, including deductions for legal costs ($4,757,716.76), funder's commission ($7,840,000), applicant's reimbursement ($16,800), and administration costs ($400,000)." 'All group members who registered by 4.00 pm on 3 March 2022 are...