• The air cargo cartel class action is the fourth of five cartel class actions that has commenced in Australia and the latest to be resolved through a
court-approved settlement. The settlement highlights the risk of cartel conduct attracting both regulator and class action lawyers’ interest. There
is scope for further cartel class actions in Australia as a result of increasing investment in private enforcement of competition laws.
• The Federal Court of Australia’s reasons provide guidance on the applicable principles to class action settlement approval. In particular, the in-depth
scrutiny of the settlement terms demonstrates the court’s concern in protecting the interests of group members that are not before the court but are
bound by the settlement.
• This particularly complex and lengthy case illustrates the complexities surrounding class actions, ncluding causation and damages and the signifi-
cant time and resources that these proceedings
• The Federal Court of Australia also considers the applicable principles in relation to determination of a lump sum costs order under r 40.02(b) of the Federal Court Rules 2011 (Cth) (the Rules) in avour of a respondent that does not enter into the