Legal Project Management Plan & Checklist
Purpose of this Guide: This fork activates when competing class action law firms present materially identical funding proposals, net return calculations, legal cost estimates, and solicitor experience, creating a carriage stalemate that cannot be resolved by the standard Wigmans multi-factorial analysis. Under Wigmans v AMP Ltd [2021] HCA 7, the court has broad discretion to appoint a special referee to audit competing proposals or an independent contradictor to represent ordinary group members' interests. This guide covers: identifying the stalemate, preparing materials for the referee or contradictor, cooperating with the inquiry process, attending the referee's report hearing, and executing post-determination steps.
Jurisdiction: Federal Court of Australia or Supreme Court of New South Wales.
The Process at a Glance: Carriage stalemate identified at carriage hearing. Court appoints a special referee or independent contradictor. All competing firms provide funding materials and net return calculations to the referee or contradictor by CD6. Referee submits report or contradictor makes submissions to the court. Carriage hearing resumed and determination made.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Cross-Vesting, Carriage Disputes and Concurrent Class Actions (Lead Plaintiff) - Carriage Stalemate - Special Referee or Independent Contradictor Appointment matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
A clear, expert-supported comparison of competing funder terms is ready for use at the carriage hearing and, if a stalemate arises, for provision to the special referee or contradictor.
The carriage dispute is formally before the court. If stalemate, a special referee or contradictor is appointed and CD6 is on foot.
The referee's independent assessment is before the court. The resumed carriage hearing can proceed.
The carriage stalemate is fully resolved. A single proceeding has carriage. Clients are fully informed of the outcome and their options.
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