Mununggurr v Channel Seven Sydney Pty Ltd [2019] FCA 2188

FEDERAL COURT OF AUSTRALIA

Mununggurr v Channel Seven Sydney Pty Ltd [2019] FCA 2188 File number: NSD 291 of 2019

Judge: RARES J

Date of judgment: 12 December 2019

Date of orders 23 December 2019

Catchwords: PRACTICE AND PROCEDURE – application by litigation representative to approve terms of settlement under rr 9.70 and 9.71 of the Federal Court Rules 2011 – where applicants under legal incapacity because of age – where settlement was in best interests of applicants – settlement approved with moneys to be held on trust for applicants by the Public Trustee of the Northern Territory COURTS AND JUDGES – whether aspects of the settlement should be subject to suppression orders under s 37AF of the Federal Court of Australia Act 1976 (Cth) – where suppression order for limited duration necessary to prevent prejudice to proper administration of justice so as to protect interests of applicants under legal incapacity and current commercial and personal interests of parties – where parties can apply on future date to extend suppression order under s 37AJ of the Federal Court of Australia Act 1976 (Cth) – quantum of settlement suppressed

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law Federal Court of Australia Act 1976 (Cth) s 37AJ Federal Court Rules 2011 rr 9.70, 9.71 Racial Discrimination Act 1975 (Cth) Trustees Act 1893 (NT) ss 24, 24A

Cases cited: Butler v Djerriwarrh Employment & Education Services [2015] FCA 296 Dickason v Dickason (1913) 17 CLR 50 Fish v New South Wales Department of Education and Training [2018] FCA 434 Scott v Scott [1913] AC 417