Bartlett v Commonwealth of Australia [2019] FCA 571

FEDERAL COURT OF AUSTRALIA

Bartlett v Commonwealth of Australia [2019] FCA 571 File number: NSD 1388 of 2018

Judge: LEE J

Date of judgment: 12 April 2019

Catchwords: REPRESENTATIVE PROCEEDINGS – application for common fund order – content of notice to group members – funding terms – detailed affidavit evidence and submissions filed shortly before hearing – whether amicus curiae ought be appointed to consider material including fine details of order from perspective of group members – application withdrawn in circumstances where Court satisfied it was appropriate for amicus to be appointed – application for order dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) Part VB

Date of hearing: 12 April 2019

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 27

Counsel for the Applicants: Mr W A D Edwards with Mr R May

Solicitor for the Applicants: Shine Lawyers

Counsel for the Respondent: Ms Williams SC with Ms Gleeson

Solicitor for the Respondent: King & Wood Mallesons

ORDERS NSD 1388 of 2018

BETWEEN: KIRSTY JANE BARTLETT First Applicant

ANTHONY CRAIG BARTLETT Second Applicant

AND: COMMONWEALTH OF AUSTRALIA Respondent

JUDGE: LEE J DATE OF ORDER: 12 APRIL 2019

THE COURT ORDERS THAT:

1. The application for a common fund order be dismissed. 2. The issue of costs is reserved. 3. On or by 16 April 2019, the parties provide an outline of written submissions in respect of costs, of no more than two pages in length, which identify the costs orders for which they contend in relation to the application for a common fund order. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.