Furnell v SEPL Pty Ltd [2022] FCA 1603

Furnell v SEPL Pty Ltd [2022] FCA 1603

The proposed representative settlement, including a global sum of $5,800,000 (with costs capped at $1,650,000 inclusive of GST) and a distribution model revised by expert review, is fair and reasonable between all parties and groups; costs do not warrant further enquiry as any assessment would not likely reduce the capped amount. Detailed notice was given, objections from group members did not demonstrate reasons to withhold approval, and the distribution model is sufficiently fair. Accordingly, settlement approval and related orders are granted.

Parties
First Applicant: Aaron Furnell; Second Applicant: Paul Young; Third Applicant: Shannan Mahoney; Fourth Applicant: Christopher Palmer; Fifth Applicant: Laurence Lacoon Williamson; Respondent: SEPL Pty Ltd
Jurisdiction
Australia
Judgment Date
13 December 2022
Procedural Posture
Representative Proceeding (class Action) / Settlement Approval
Outcome
Settlement approved; proceedings to be dismissed upon completion of the Scheme; no further order as to costs.
Legal Topics
Approval of Settlement in Representative Proceedings, Employment Underpayment, Costs in Class Actions, Settlement Distribution Scheme, Fair Work Act Claims
Employment Law Industrial Relations Class Actions Approval of Settlement in Representative Proceedings Employment Underpayment Costs in Class Actions Settlement Distribution Scheme Fair Work Act Claims

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Parties

Aaron Furnell

First Applicant

Paul Young

Second Applicant

Shannan Mahoney

Third Applicant

Christopher Palmer

Fourth Applicant

Laurence Lacoon Williamson

Fifth Applicant

SEPL Pty Ltd

Respondent

Procedural Posture

Representative Proceeding (class Action) / Settlement Approval

Legal Issues

  1. 1 Whether the proposed settlement in a representative proceeding is fair and reasonable as between the parties and as between group members; whether the capped applicant costs are appropriate and require further enquiry; whether the distribution model for group members' entitlements is fair

Ratio Decidendi

The proposed representative settlement, including a global sum of $5,800,000 (with costs capped at $1,650,000 inclusive of GST) and a distribution model revised by expert review, is fair and reasonable between all parties and groups; costs do not warrant further enquiry as any assessment would not likely reduce the capped amount. Detailed notice was given, objections from group members did not demonstrate reasons to withhold approval, and the distribution model is sufficiently fair. Accordingly, settlement approval and related orders are granted.

Court Disposition

Settlement approved; proceedings to be dismissed upon completion of the Scheme; no further order as to costs.

Orders

  • Leave to amend Originating Application to alter Respondent's name to SEPL Pty Ltd by 20 December 2022.
  • Settlement approved pursuant to s 33V FCA Act on terms set out in Deed of Settlement.