PRACTICE AND PROCEDURE - representative proceeding - application for Court approval of settlement of proceedings under s 33V of the Federal Court of Australia Act 1976 (Cth) - whether the settlement is fair and reasonable and in the interests of the group members as a whole - factors relevant to the reasonableness of the settlement - where the Court ordered that group members be sent notices prior to mediation offering participating group members the opportunity to opt out and requiring non-participating group members to register for the settlement, opt out or do nothing - where failure to register or opt out meant non-participating group members were excluded from benefit of settlement and barred from commencing future proceedings against the respondents - whether settlement is fair and reasonable to non-participating group members - whether fair and reasonable that non-participating group members are excluded from participating in settlement - whether strong and compelling reasons for approving a settlement that gives preferential treatment to participating group members
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