Class Action – payment to the class rep ?

The scheme provides for payment to the class representative. For example, in Johnston v Endeavour Energy [2016] NSWSC 1132 it amounted to $25,000. This payment is intended to compensate the representative for their time, inconvenience and burden associated with taking on and discharging the obligations of lead plaintiff in attending to matters on behalf of group […]

09, 01, 2016
Comments Off on Class Actions – lawyers costs – the proper approach

By whiggs

Class Actions

Class Actions – lawyers costs – the proper approach

In Johnston v Endeavour Energy [2016] NSWSC 1132 Hoeben CJ summarised the proper approach to the task of evaluating the overall reasonableness of a proposed costs deduction from a class action settlement. The applicable principles have recently been set out by Osborne JA in Matthews. In Courtney v Medtel Pty Limited (No 5) [2004] 212 ALR […]

09, 01, 2016
Comments Off on Principles that govern an application for approval of a settlement of a group proceeding

By whiggs

Class Actions

Principles that govern an application for approval of a settlement of a group proceeding

In Johnston v Endeavour Energy [2016] NSWSC 1132 Hoeben CJ carefully identified the principles that govern an application for approval of a settlement of a group proceeding. Confidential opinions of counsel are required to address each of the principles below. These opinions are usually sealed and handed up to the judge. The principles are summarised as follows: The […]