Plaintiff v Defendant

[2025] VSC 521

Supreme Court of Victoria|2025-08-28|Before: Matthews J

At a glance

AI case summary

Result

appellant. Group Costs Order granted at the rate of 33% (inclusive of GST); confidentiality orders made for supporting materials

Key principles

A Group Costs Order (GCO) under s 33ZDA of the Supreme Court Act 1986 (Vic) should be granted where satisfied it is 'appropriate or necessary to ensure that justice is done in...
GCOs possess inherent substantive structural benefits including certainty, transparency, and protection of group members' recoveries from erosion by costs beyond a fixed...
The statutory model permits the legal practice to benefit from upside as damages increase proportionally to costs incurred; considerations of reasonableness and proportionality...
Determination of reasonableness and proportionality of a proposed GCO rate may be evaluated against: (i) whether it is proportional to the risk undertaken by the law firm; (ii)...

Issues before the court

Whether a Group Costs Order should be granted under s 33ZDA of the Supreme Court Act 1986 (Vic)
Whether the proposed GCO rate of 33% is proportionate and reasonable
Whether a tiered or ratcheted GCO mechanism should be imposed

Plain English Summary

The Supreme Court of Victoria granted a Group Costs Order (GCO) allowing Maurice Blackburn to charge 33% (including GST) of any award or settlement in a class action against Sportsbet. The case alleged Sportsbet's 'Fast Code' betting service illegally allowed online gambling. The Court found 33% was reasonable given the novel legal issues and risks involved, despite being higher than most previous GCOs. The Court rejected using a 'ratchet' mechanism (where the percentage drops for higher recoveries) because it's too early to predict outcomes, preferring instead the ability to adjust the rate later under the legislation. The Court also made confidentiality orders to protect sensitive commercial and legal information.

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Judgment (15 paragraphs)

[1]

For the reasons set out above, I am satisfied that the plaintiff should be awarded a GCO at the rate of 33% (inclusive of GST). I will make orders accordingly.

[2]

Plaintiff v Defendant

At a glance

Result

Key principles

Issues before the court

Plain English Summary

Judgment (15 paragraphs)

Cited legislation

Parties

Legislation Cited (3)

Cases Cited (23)

AI Analysis