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 Litigation: Cross-Vesting, Carriage Disputes and Concurrent Class Actions (Multi-Registry) (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.
The court has engaged an independent officer to break the stalemate. CD6 is fixed and all competing firms are on notice to provide their materials by CD6.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Wigmans v AMP Ltd [2021] HCA 7 (High Court): The High Court expressly warned against a 'crude auction' to determine carriage where all other factors are equal. The court has broad discretion under its inherent powers to appoint additional investigative officers - including special referees and independent contradictors - to resolve genuine stalemates without resorting to arbitrary selection mechanisms. Post-Wigmans, multiple carriage disputes have been resolved with the assistance of court-appointed contradictors in both the Federal Court and NSW Supreme Court.
The referee's independent assessment of which proceeding best serves the interests of group members is before the court. The resumed carriage hearing can proceed.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
The carriage stalemate is fully resolved. A single proceeding has carriage. The other proceedings are permanently stayed.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.