Koenders v State of Victoria (Department of Education and Training) [2016] FCA 842

FEDERAL COURT OF AUSTRALIA

Koenders v State of Victoria (Department of Education and Training) [2016] FCA 842 File number: VID 553 of 2014

Judge: DAVIES J

Date of judgment: 27 July 2016

Catchwords: PRACTICE AND PROCEDURE – application by litigation representative for approval of settlement by the Court – relevant principles – requirement for independent lawyer – settlement approved – Federal Court Rules 2011 (Cth) r 9.70

Legislation: Federal Court Rules 2011 (Cth) r 9.70

Cases cited: Hickey v Public Advocate (Victoria) [2012] FCA 1203 Jones v State of Victoria [2014] FCA 1404 Modra v State of Victoria (Department of Human Services Victoria & Department of Education and Early Childhood Development) [2013] FCA 1041 Scandolera v State of Victoria [2015] FCA 1451 Wade v State of Victoria (No 2) [2012] FCA 1080

Date of hearing: 22 July 2016

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 8

Counsel for the Applicant: D Hancock

Solicitor for the Applicant: Arnold Thomas and Becker

Counsel for the Respondent: E Bennett

Solicitor for the Respondent: Allens

ORDERS VID 553 of 2014

BETWEEN: TRISTAN KOENDERS (BY HIS LITIGATION REPRESENTATIVE REBECCA COBB) Applicant

AND: STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND TRAINING) Respondent

JUDGE: DAVIES J DATE OF ORDER: 27 July 2016

THE COURT ORDERS THAT: 1. Subject to Order 2, pursuant to rule 9.76 of the Federal Court Rules 2011 (Cth) the settlement of this proceeding set out in the Settlement Deed marked as Exhibit 1 be approved. 2. If the Senior Master of the Supreme Court makes an order under r 79.10(2) of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) that the settlement monies set out in the Settlement Deed be held in court for the benefit of the Applicant: (a) the Respondent shall pay the settlement monies to the Senior Master for the benefit of the Applicant; and (b) the Applicant has leave to file a notice of discontinuance of this proceeding with no order as to costs. 3. If the Senior Master of the Supreme Court does not make the order described in paragraph 2 by 18 August 2016, the matter be listed for directions on 2 September 2016 at 9.30 am. 4. Pursuant to s 37AG(2) of the Federal Court of Australia Act 1976 (Cth), Exhibit 1 and Exhibit 2 are to be retained in envelopes marked and treated as confidential and are 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.