Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pearson v State of Queensland (No 2) [2020] FCA 619 File number: QUD 714 of 2016
Judge: MURPHY J
Date of judgment: 17 January 2020
Date of publication of reasons: 8 May 2020
Catchwords: REPRESENTATIVE PROCEEDINGS – application for court approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – claim by Aboriginal and Torres Strait Islander workers in respect of wages earned but not paid between 1939 and 1972 –relevant principles in relation to settlement approval – whether the settlement amount is fair and reasonable – whether proposed deductions including for legal costs and funding commission are fair and reasonable – consideration of objections to the settlement – the operation of the extant common fund order – settlement approved
Legislation: Australian Human Rights Commission Act 1986 (Cth) Racial Discrimination Act 1975 (Cth) Imperial Acts Application Act 1984 (Qld) Limitation Act 1960 (Qld) Limitation of Actions Act 1974 (Qld) Statute of Frauds and Limitations 1867 (Qld) Succession Act 1981 (Qld) The Aboriginals Preservation and Protection Act of 1939 (Qld) The Aborigines' and Torres Strait Islanders' Affairs Act 1965 (Qld) The Aborigines' and Torres Strait Islanders' Regulations of 1966 The Torres Strait Islanders Act of 1939 (Qld) The Aboriginals Regulations of 1945 (Qld) The Islanders Regulations 1946 (Qld) Colonial Laws Validity Act 1865 (Imp) Slavery Abolition Act 1833 (Imp)
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