The class (Slater Gordon) and the group (IMF) had closed by the time the first documents were filed in their respective cases. So, I can only assume that you mean that they were trying to promote their business in general, rather than recruit additional clients, and they were doing this by being belted in court. Hmmm...
The IMF group action structure would be particularly nasty for ANZ because you can run slightly different cases for each client, unlike S&G's class action, which was nowhere.
So, if it was the case that IMF had some points in the directions hearing that the judge may not have agreed with early on, then these can be imnproved. There were, however, some points that the judge did agree with and I urge you to re-consider his response.
Slater's first approach was very average, I totally agree. However, IMF's first real trial, Beaconwood, hadn't got started at the time your white knight, Ferrior Hodgson, turned up with his fee-accruing, second mediation process.
What is happening now, is that the 20/20 hindsight visionaries are all coming out of the woodwork claiming that Ferrior Hodgeson had it sussed the whole time and ANZ were always going to settle. And they are causing themselves all this futile public shame and embarrassment for what? 1.5c.
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