Court Approves A$22.5M CommInsure Settlement Leaving Group Members Just 23% of the Fund
The Federal Court of Australia has approved a A$22.5 million settlement in a class action against two former Commonwealth Bank wealth management units, under which group members will receive A$5.12 million and the lawyers and litigation funder will take the balance.
As reported by Lawyerly, Justice Jonathan Beach approved the settlement in a proceeding the publication described as having been assessed as likely to fail had it gone to trial. Group members' share works out at roughly 23% of the gross settlement sum. Law360 reported that the funder's share of the fund is A$8.3 million.
The claim was run by Shine Lawyers and funded by Woodsford, and was brought on behalf of clients of Commonwealth Financial Planning and Financial Wisdom in connection with life insurance policies issued by CommInsure and AIA Australia. The allegation was that advisers failed to act in clients' best interests, including by not telling them that substantially similar or better cover was available elsewhere.
The approval places another data point in the running Australian debate over what proportion of a settlement fund should reach claimants. Where a case is settled at a discount because of litigation risk, the funder's commission and the solicitors' deferred fees and uplift are calculated against a gross sum that has already been written down, compressing the residual pool.
The outcome will be read closely by courts weighing common fund orders and funder commission in group proceedings, where the distribution split has become as contested as the merits.

