Kilmore-East Kinglake Bushfire Class Action Settlement Distribution Scheme: Fairness, Cost and Delay Post-Settlement

In class actions the twin evils of cost and delay that beset the civil justice system may persist past the formal litigation process and into the post- settlement phase where compensation is allocated to each group member. This article employs the experience with the Kilmore East Kinglake bushfire class action (‘KEK’) to explain why cost and delay are incurred in relation to the settlement distribution scheme (‘SDS’) that operated post-settlement and considers the steps that were taken to address these problems. The article takes the position that more can and should be done. The article proposes and critiques possible reforms to SDS procedures aimed at fostering fairness while reducing cost and delay, namely, interim distributions, a fast-track component of an SDS, a matrix SDS approach, allowing for competition in the appointment of the SDS administrator, including encouraging novel forms of charging, and technology.