REPRESENTATIVE PROCEEDINGS – application for settlement approval pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – where all group members represented by same solicitors – where proposed settlement resolves part of the justiciable controversy – content of Court’s protective and supervisory role under Pt IVA – authority of representative applicant to deal with group member claims – fairness and reasonableness of settlement proposal and settlement distribution scheme – bifurcation of question of approval of settlement and distribution – where proposed settlement said to extinguish rights of insurer under Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) – where inappropriate for Court to second-guess advice given to group members as to fairness and reasonableness of settlement – settlement approved
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0656
For more information, see the original judgement.
