Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Duval-Comrie v Commonwealth of Australia [2016] FCA 1523 File number(s): VID 1367 of 2013
Judge(s): NORTH J
Date of judgment: 16 December 2016
Catchwords: PRACTICE AND PROCEDURE – representative proceedings – approval of settlement by court – whether proposed settlement is fair and in the interests of the group as a whole – whether differential outcomes for group members is unfair
Legislation: Business Services Wage Assessment Tool Payment Scheme Act 2015 ss 6(2), 6(4), 8(3)(b), 9, 10, 35(3), 36, 37, 98 Disability Discrimination Act 1992 (Cth) ss 6, 15, 122 Federal Court of Australia Act 1976 (Cth) s 33V, 33ZB, 33J, 33ZF Federal Court Rules 2011 r 9.70 Human Rights Commission Act 1986 (Cth) s 46PH(1)(i)
Cases cited: Australian Competition and Consumer Commission v Chats House Investments (1996) 71 FCR 250 Commonwealth of Australia and Anor v Prior; Commonwealth of Australia and Anor v Nojin and Anor [2013] HCA Trans 101 Nojin v Commonwealth of Australia [2012] FCAFC 192
Date of hearing: 12 December 2016
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 75
Counsel for the Applicant: Dr K Hanscombe QC with Ms K Bowshell
Solicitor for the Applicant: Maurice Blackburn
Counsel for the Respondent: Mr P Hanks QC with Mr D Star SC and Mr T Goodwin
Solicitor for the Respondent: Australian Government Solicitor
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