Rowe v AusNet Electricity Services Pty Ltd

In the matter of Rowe and others versus AusNet Electricity Services Pty Ltd, the applicants sought approval for a settlement of a group proceeding. The group proceeding, known as the 'Murrindindi class action', involved a class of residents from the Murrindindi region who alleged that the defendant, AusNet, engaged in conduct that breached their statutory rights under the Electricity Act 1998 (Vic). The Supreme Court of Victoria was tasked with determining whether the terms of the settlement, the distribution scheme, and the claim for legal fees and disbursements were fair and reasonable.

The court had to decide if the settlement terms reflected a fair and reasonable compromise, taking into account the benefits and costs to the class members, and whether the proposed distribution scheme was fair and reasonable. The court also needed to assess if the claim for legal fees and disbursements was reasonable, considering the nature and complexity of the proceeding, the amount at stake, and the risks involved in pursuing the litigation.

The court found that the settlement terms were fair and reasonable, given the potential benefits to the class members and the risks associated with proceeding to trial. The court also determined that the proposed distribution scheme was fair and reasonable, as it allocated the settlement fund in a manner that was proportionate to the losses suffered by the class members. The claim for legal fees and disbursements was deemed reasonable, considering the complexity of the proceeding and the efforts made by the class representative. Consequently, the court approved the settlement.

The final orders of the court included the approval of the settlement, the distribution scheme, and the claim for legal fees and disbursements, as proposed by the parties. The court directed that the settlement be implemented and that the defendant pay the approved costs within the specified timeframe.