Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Andrews v Marriott Support Services [2013] FCA 310 Citation: Andrews v Marriott Support Services [2013] FCA 310
Parties: PETER ANDREWS v MARRIOTT SUPPORT SERVICES (A.C.N. 094 426 061)
File number: VID 283 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 Respondent: Middletons
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 283 of 2011
BETWEEN: PETER ANDREWS
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
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