Thomas v Marriott Support Services [2013] FCA 308

FEDERAL COURT OF AUSTRALIA

Thomas v Marriott Support Services [2013] FCA 308 Citation: Thomas v Marriott Support Services [2013] FCA 308

Parties: SAMANTHA THOMAS v MARRIOTT SUPPORT SERVICES (A.C.N. 094 426 061)

File number: VID 277 of 2011

Judge: TRACEY J

Date of judgment: 10 April 2013

Catchwords: PRACTICE AND PROCEDURE – Application by litigation representative for approval of settlement – applicant intellectually disabled – consideration of relevant requirements – settlement approved.

Legislation: Fair Work Act 2009 (Cth) – ss 369, 371 Federal Court Rules 2011 (Cth) – rr 9.70, 9.71

Cases cited: Gillespie v Alperstein [1964] VR 749 – cited Hickey v Public Advocate (Victoria) [2012] FCA 1203 – cited Re Barbour's Settlement; National Westminster Bank Ltd v Barbour [1974] 1 All ER 1188 – considered, applied Wade v State of Victoria (No 2) [2012] FCA 1080 – cited

Date of hearing: Determined on the papers

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 16

Solicitor for the Applicant: AED Legal Centre

Solicitor for the Applicant: Middletons

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 277 of 2011

BETWEEN: SAMANTHA THOMAS

Applicant

AND: MARRIOTT SUPPORT SERVICES (A.C.N. 094 426 061)

Respondent

JUDGE: TRACEY J DATE OF ORDER: 10 APRIL 2013 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to Rule 9.70 of the Federal Court Rules 2011 (Cth), the settlement between the parties recorded in the deed of release exhibited as KW-1 to the affidavit of Ms Kairstien Wilson sworn on 3 April 2013 be approved. 2. The affidavit of Kairstien Wilson sworn on 3 April 2013 and the exhibits thereto be treated as confidential and be placed in a sealed envelope marked "NOT TO BE OPENED WITHOUT THE PERMISSION OF A JUDGE OF THIS COURT." Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011