Practice and procedure – Representative action – Orders – Where s 33V(2) of Federal Court of Australia Act 1976 (Cth) provides that in representative proceedings Federal Court may make such orders as are just with respect to distribution of any money paid under settlement or paid into Court – Where s 33Z(1)(g) of Federal Court of Australia Act provides Court may in determining matter in representative proceeding make such other order as Court thinks just – Where s 183 of Legal Profession Uniform Law (NSW) provides law practice must not enter into costs agreement under which amount payable is calculated by reference to amount of any award or settlement – Where applicants in representative proceeding proposed to provide notice of intention to seek common fund order in favour of law practice at settlement or judgment – Where costs agreements to be amended to provide for common fund order in favour of law practice if notice approved – Whether s 33V or s 33Z of Federal Court of Australia Act empowers Federal Court to make common fund order at settlement or judgment in favour of law practice.
Words and phrases – "commencement CFO", "common fund order", "concept of justice", "contingency fee", "costs agreement", "distribution", "federal jurisdiction", "funding commission", "funding equalisation order", "group costs order", "just", "legal costs", "litigation funding", "new legal rights", "payment for costs and disbursements", "regulation of the legal profession", "remuneration for risk", "representative proceeding", "requirements of State law", "settlement CFO", "solicitors' CFO", "solicitors' common fund order".
Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 33J, 33V, 33Z, 33ZF, 33ZJ.
Legal Profession Uniform Law (NSW), ss 3, 6, 169, 172, 179, 180, 181, 182, 183, 185.
