HM v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2018] FCA 551

FEDERAL COURT OF AUSTRALIA

HM v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2018] FCA 551 File number: NSD 1266 of 2017

Judge: GRIFFITHS J

Date of judgment: 20 April 2018

Catchwords: PRACTICE AND PROCEDURE – application by litigation representative for approval of settlement – consideration of relevant requirements – settlement approved

Legislation: Disability Discrimination Act 1992 (Cth), ss 5, 22 Federal Court of Australia Act 1976 (Cth), ss 37AF, 37AG(1)(a) Federal Court Rules 2011 (Cth), rr 9.70, 9.71

Cases cited: Smith v Marriott Support Services [2013] FCA 312

Date of hearing: Determined on the papers by consent

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 17

Solicitor for the Applicant: Arnold Thomas & Becker

Solicitor for the Respondents: Sparke Helmore Lawyers

ORDERS NSD 1266 of 2017

BETWEEN: HM BY HIS LITIGATION REPRESENTATIVE DAVID MELMETH Applicant

AND: TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF MAITLAND-NEWCASTLE (TRADING AS THE DIOCESE OF MAITLAND-NEWCASTLE CATHOLIC SCHOOLS OFFICE) First Respondent

CATHOLIC EDUCATION COMMISSION NSW Second Respondent

JUDGE: GRIFFITHS J DATE OF ORDER: 20 April 2018

THE COURT ORDERS THAT:

1. The applicant be referred to by the pseudonym "HM". 2. The settlement between the parties recorded in the Deed of Release dated 19 March 2018 (Annexure CP1 to the affidavit of Claire Pirie affirmed on 27 March 2018 (Pirie Affidavit)) is approved. 3. Pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth), on the ground that the order is necessary to prevent prejudice to the proper administration of justice, the Pirie Affidavit and its annexures are not be published or disclosed except in accordance with an order of a Justice of this Court. 4. The Pirie Affidavit and its annexures are to remain on the Court file in a sealed envelope marked "Confidential - Not to be Opened Except by Direction of a Judge of the Court". 5. The proceeding be dismissed with no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.