Class actions throw up all manner of ethical conundrums, but a recent Federal Court decision has shined a light on the question of whether funders and law firms should take out loans to run class actions and whether they can charge the costs to group members.
Despite a judge’s complaint that class action costs are generally “out of control”, the law firm that secured a $192.5 million settlement and earned about $25 million in fees in the Montara oil spill case has won approval for more fees — these ones incurred in a hearing to determine how the settlement spoils should be divided.
Three years on from their debut, group costs orders — which entitle law firms to a percentage of any recovery in class actions — have raised a host of novel issues that are keeping lawyers and the court busy.
A judge overseeing a $192.5 million settlement in an oil spill class action against PTTEP Australia on behalf of Indonesian seaweed farmers has balked at the “very large” costs sought by Maurice Blackburn for administering the deal, expressing concerns that class action costs are “getting out of control”.
A judge who eviscerated a prior bid by a law firm and funder to take home 60 per cent of a $5 million class action settlement with Tyro has allowed them to net half of the proceeds, questioning whether some of the costs amounted to a “complete breach” of legal professional duties.
The law firm that ran a class action over the 2009 Montara oil spill must compete to administer a $192.5 million settlement, with a judge saying a tendering process is consistent with the court’s “protective and supervisory role” in managing costs deducted from class action settlements.
A judge has largely approved the funder’s commission and legal fees to be deducted from a $192.5 million settlement of a class action against oil company PTTEP, despite the costs halving the amount to go to group members.
Sixteen law firms and accounting firms have thrown their hat in the ring to administer a $300 million settlement in two class actions against Johnson & Johnson over pelvic mesh devices that injured thousands of women.
The law firm running the Montara oil spill class action, which has settled for $192.5 million, is looking for a new lead applicant after the first one defected over concerns group members would lose half the settlement amount to legal costs and a funding commission.
A litigation funder has abandoned its case seeking to prevent counsel retained by the lead applicant in the settled Montara oil spill class action from providing independent legal advice.