REPRESENTATIVE PROCEEDINGS – two open class representative proceedings brought against manufacturer and supplier of pelvic “mesh” implants – where group members afflicted by physical, psychological and psychosocial difficulties – application under s 33V of the Federal Court of Australia Act 1976 (Cth) to approve settlement – bifurcation of question of approval of settlement and distribution of settlement sum – where hundreds of group member objections received – where liability findings already made and upheld on appeal – whether headline figure fair and reasonable inter partes and inter se – borderline case – settlement approved
PRACTICE AND PROCEDURE – achieving the overarching purpose in case management of class actions –role of contradictor in guiding Court through complex settlement process – utility of reference process in identifying paradigm cases in large scale litigation – tender process for administration of settlement scheme
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0228
For more information, see the original judgement.
