Catchwords:

REPRESENTATIVE PROCEEDING – appeal from a decision approving a settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – where primary judge disallowed a portion of claimed legal fees on basis that solicitor for the lead applicants failed to act with due expedition in preparation and filing of expert evidence and that matter would have settled earlier at a mediation – no error in primary judge’s finding that there were inadequate explanations for the delay in the preparation and finalisation of expert evidence – primary judge erred in finding that the matter would likely have settled at mediation had solicitor acted with due expedition – no reason to disturb orders made by the primary judge on a re-exercise of discretion under s 33V – appeal dismissed