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Ann: Class Action Resolution, page-210

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  1. 53 Posts.
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    Bazsa, you completely misunderstand the role of the court in relation to the settlement. They are not there to "look at the evidence and still rule against the claim". The approval process is aimed at ensuring that class action group members are all receiving a fair (ie sufficient) settlement. From the Clayton Utz (law firm) web site:
    "The court will scrutinise whether any settlement or discontinuance of class actions has been undertaken in the interests of the group members as a whole and is not solely beneficial to the class applicant and respondent. The court may well reject a privately negotiated settlement if it is not satisfied that the outcome is in the interests of group members as a whole."
    In other words the court may reject the settlement if it considers that the group members should get more money, not less.
 
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