Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Biasin v Hume City Council [2009] FCA 723
BLAKE BIASIN (BY HIS NEXT FRIEND, KAREN BIASIN) v HUME CITY COUNCIL
VID 776 of 2008
NORTH J
30 JUNE 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 776 of 2008
BETWEEN: BLAKE BIASIN (BY HIS NEXT FRIEND, KAREN BIASIN)
Applicant
AND: HUME CITY COUNCIL
Respondent
JUDGE: NORTH J
DATE OF ORDER: 30 JUNE 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Pursuant to Order 43 Rule 9 of the Federal Court Rules, the Court approves the settlement between the parties as contained in Exhibit "KB-1" to the Affidavit of Karen Biasin, affirmed on 29 June 2009.
2. Subject to paragraph 4 hereof, the Exhibits to the Affidavit of the Applicant's Next Friend, Karen Biasin, affirmed on 29 June 2009 be treated as confidential by being placed in a sealed envelope marked "NOT TO BE OPENED WITHOUT THE PERMISSION OF A JUSTICE OF THIS COURT".
3. On or before 14 July 2009 the Respondent pay into Court the settlement sum specified in clause 3 of Exhibit "KB-1" to the Affidavit of Karen Biasin, affirmed 29 June 2009.
4. A Registrar be entitled to access the said Exhibits for the purposes of administering the said payment into Court.
5. The Registrar invest the settlement sum in Court in an interest bearing account for the benefit of the Applicant.
6. The Registrar be authorised to make payments out of the fund in Court for the benefit of the Applicant:
6.1 for educational and vacation care purposes, for so long as the Applicant remains at school; and
6.2 thereafter, for the general welfare of the Applicant.
7. Such payments are to be made on application by the Applicant's next friend to the Registrar in a manner stipulated by the Registrar including by letter or orally.
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