Justice Bernard Murphy beginning his judgement in the #robodebt class action. He says the evidence shows the Commonweatlth "unlawfully" raised $1.7bn in debts against 443,000 people. It pursued 381,000 people, recovering $751m, including through private debt collectors. #auspol
Murphy says the case is a "shameful chapter" and a "massive failure" in public administration. He says it should have been "obvious" to senior public servants that the system was flawed.
However Murphy says there is little evidence to prove the government knew it was "unlawful". Refers to "stuff up" rather than a conspiracy adage
Murphy says "it is clear the proposed settlement is fair and reasonable", though he is troubled about those who get nothing from the settlement
He is going to approve the settlement, but all 680 objectors will be allowed to opt out now.
Murphy says of those ineligible group members, their debts were based on “payslips, bank statements”. To succeed, they would need to establish the debts were "tainted with illegality" and "in my view their claims have weak prospects of success”.
Murphy says less .04% of class members filed an objection. He says the objections were "heartbreaking". Notes the references to suicide. Says people are still feeling anguish. "I hope the judgment will provide some closure."
Murphy says the costs amount of $8m is "fair reasonable and proportionate".
Murphy says the case shows the "class action system works".
Also worth noting Murphy was not convinced the negligence claims had good prospects, says doesn't think "duty of care" could have been established
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