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The Court approved discontinuance of a representative proceeding, made a declaration preserving group members’ rights, ordered targeted notice, and imposed limited confidentiality orders.
The Court appointed a contradictor for settlement approval in a representative proceeding, citing heavy deductions from the settlement sum and the need to protect absent group members.
Yasmin v Commonwealth of Australia (No 2) [2025] FCA 123
The Court approved deductions from a class action settlement fund for solicitor/client costs and post-settlement costs, including interveners’ fees, as reasonable and proportionate.
Fenton v Monsanto Australia Pty Ltd [2024] FCA 1525
The Federal Court granted leave to discontinue a Monsanto/Roundup class action, ordered limitation periods to restart, and made no order as to costs.
Laith & Fadi Investments Pty Ltd v Fogo Brazilia Holdings Pty Ltd [2024] NSWSC 1508
Security for costs was ordered in representative proceedings after external funding ended. The Court found the lead plaintiffs had not proved inability to provide security.
McNickle v Huntsman Chemical Company Australia Pty Ltd (Settlement Approval) [2024] FCA 1353
The Federal Court approved settlement of a representative proceeding after an unsuccessful trial on Roundup and NHL, and dismissed the proceeding with no costs order.
Elliott-Carde v McDonald's Australia Limited (Stay Application) [2023] FCA 1210
The Federal Court dismissed an application by the SDA to stay a class action involving McDonald's workers, opting instead for a joint trial model to resolve common issues.
Sanda v PTTEP Australasia (Ashmore Cartier) Pty Limited (Opt Out Obligations) [2022] FCA 1409
The Federal Court held it could not use s 33ZF to bypass mandatory opt-out requirements in a Pt IVA class action, and vacated the earlier judgment to allow notices to be issued.
The Court dismissed JLT’s declassing motion in this representative proceeding and held that substantial common questions justified continuation as a class action.
Lloyd v Belconnen Lakeview Pty Ltd (No 2) [2020] FCA 698
Post-trial orders in a representative proceeding: s 33C is a gateway only, the s 33N declassing application was deferred, and costs were apportioned 50/50.
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