Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sister Marie Brigid Arthur (Litigation Representative) v Northern Territory of Australia [2019] FCA 859 File number: NTD 34 of 2018
Judge: WHITE J
Date of judgment: 30 May 2019
Catchwords: PRACTICE AND PROCEDURE – application pursuant to ss 33X(2) and 33X(4) of the Federal Court of Australia Act 1976 (Cth) for the Applicant to be relieved from giving notice to group members of the commencement of the proceedings, of their right to opt out of the proceedings and of the application for approval of the settlement – proceedings do not include a claim for damages and the proposed settlement does not involve monetary payment – practical difficulties in giving notices required by s 33X – application allowed.
Legislation: Federal Court of Australia Act 1976 Act (Cth) ss 33J, 33V, 33X Federal Court Rules 2011 (Cth) r 9.70 Racial Discrimination Act 1975 (Cth) Care and Protection of Children Act 2007 (NT) s 67 Youth Justice Act 2005 (NT) s 215B Youth Justice Regulations 2005 (NT)
Cases cited: Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (in liq) (No 2) [2016] FCA 1310 Femcare Ltd v Bright [2000] FCA 512; (2000) 100 FCR 331 Matthews v SPI Electricity Pty Ltd (No 16) [2013] VSC 74 Money Max Int Pty Ltd v QBE Insurance Group Ltd [2016] FCAFC 148; (2016) 245 FCR 191 TW McConnell Pty Ltd as trustee for McConnell Superannuation Fund v SurfStitch Group Ltd [2018] NSWSC 1749 Vernon v Village Life Ltd [2009] FCA 516
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