PRACTICE AND PROCEDURE - representative proceedings under Part IVA of the Federal Court of Australia Act 1976 (Cth) ("the Act") - litigation funding of representative proceedings - where order is sought for all group members to pay a litigation funding commission from any settlement or judgment, not just those group members who have signed a litigation funding agreement - whether Court has power to make such an order under ss 33ZF and 23 of the Act - meaning of the expression "appropriate or necessary to ensure that justice is done in the proceeding" in s 33ZF of the Act - whether order is appropriate to ensure that justice is done in the proceeding - the significance of the low level of objection by group members - whether there is a benefit for group members in judicial approval of the rate of the funding commission - whether there is a benefit for group members of a condition that they not be worse off by reason of the order - whether there is a benefit for group members in being informed of the obligation to pay a Court-approved funding commission before deciding whether to opt out - whether the right to opt out operates to safeguard group members' interests - whether the order will be to the detriment of group members - whether a funding equalisation order is likely or to be preferred to a common fund order - whether a common fund order is consistent with the broad policy aims of the representative proceeding regime in Part IVA.
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