---
title: "Assess the funding commission and legal costs deductions proposed at settlement"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/assess-the-funding-commission-and-legal-costs-deductions-proposed-at-set"
type: "task"
site: "AI Law Framework"
id: "A7-D20261018-7"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Assess the funding commission and legal costs deductions proposed at settlement

> Compare the funding agreement’s commission, fee and charge terms and the costs invoices with the deductions in the proposed settlement, tabulating each deduction, the agreement term or invoice it relies on, its effect…

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/assess-the-funding-commission-and-legal-costs-deductions-proposed-at-set  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Class Actions / Representative Proceedings](https://ailawframework.com/practice/class-actions-representative-proceedings.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Compare the funding agreement’s commission, fee and charge terms and the costs invoices with the deductions in the proposed settlement, tabulating each deduction, the agreement term or invoice it relies on, its effect on the return to class members and any charge beyond the agreed commission. The tool writes nothing in the submissions, the confidential opinion or any evidence. |
| What the lawyer must review | The lawyer decides whether each deduction is within power and fair and reasonable, whether a funder common fund order is sought and on what basis, whether a referee is likely, and prepares the evidence and submissions for approval. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: Compare the funding agreement’s commission, fee and charge terms and the costs invoices with the deductions in the proposed settlement, tabulating each deduction, the agreement term or invoice it relies on, its effect on the return to class members and any charge beyond the agreed commission. The tool writes nothing in the submissions, the confidential opinion or any evidence.
- What the lawyer does: The lawyer decides whether each deduction is within power and fair and reasonable, whether a funder common fund order is sought and on what basis, whether a referee is likely, and prepares the evidence and submissions for approval.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Check every deduction against the signed agreement, not a summary of it.
2. Flag any charge beyond the percentage commission, such as project management fees, for the lawyer.
3. Confirm no proposed order would operate as a common fund order in favour of solicitors, which the High Court held is beyond power under the Uniform Law.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Federal Court of Australia — Class Actions Practice Note (GPN-CA)](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ca) (checked 2026-10-18)
- [Allens — High Court clarifies limits on class action Common Fund Orders (Kain v R&B Investments Pty Ltd, August 2025)](https://www.allens.com.au/insights-news/insights/2025/08/high-court-clarifies-limits-on-class-action-common-fund-orders/) (checked 2026-10-18)
- [Federal Court of Australia Act 1976 (Cth) s 33V — Settlement and discontinuance](https://classic.austlii.edu.au/au/legis/cth/consol_act/fcoaa1976249/s33v.html) (checked 2026-10-18)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/class-actions-representative-proceedings/assess-the-funding-commission-and-legal-costs-deductions-proposed-at-set/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*