Sievwright v State of Victoria (No 3) [2014] FCA 75

FEDERAL COURT OF AUSTRALIA

Sievwright v State of Victoria (No 3) [2014] FCA 75 Citation: Sievwright v State of Victoria (No 3) [2014] FCA 75

Parties: JADE SIEVWRIGHT (BY HER NEXT FRIEND ANNE WITCOMBE) v STATE OF VICTORIA (DEPT. OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT)

File number: VID 844 of 2012

Judge: JESSUP J

Date of judgment: 13 February 2014

Catchwords: PRACTICE AND PROCEDURE – Applicant under legal incapacity – Approval of settlement

Legislation: Federal Court Rules 2011 (Cth) rr 9.70, 9.71(2)(c)

Cases cites: Sievwright v State of Victoria [2012] FCA 118 Sievwright v State of Victoria [2013] FCA 964

Date of hearing: 13 February 2014

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 5

Counsel for the Applicant: T McCarthy

Solicitor for the Applicant: Maurice Blackburn Lawyers

Counsel for the Respondent: C P Young

Solicitor for the Respondent: Corrs Chambers Westgarth

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 844 of 2012

BETWEEN: JADE SIEVWRIGHT (BY HER NEXT FRIEND ANNE WITCOMBE)

Applicant

AND: STATE OF VICTORIA (DEPT. OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT)

Respondent

JUDGE: JESSUP J DATE OF ORDER: 13 FEBRUARY 2014 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to rule 9.70 of the Federal Court Rules 2011 (Cth), the settlement of this proceeding set out in the Deed of Release dated 18 December 2013 marked as Exhibit EG-1 to the affidavit of Emeline Gaske affirmed on 31 January 2014 be approved. 2. The proceeding be dismissed. 3. There be no order as to costs. 4. Exhibits EG-1 and EG-3 of the affidavit of Emeline Gaske filed on 31 January 2014 be treated as confidential and be retained in their respective envelopes, those envelopes 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.