Morsman by his litigation representative Bampton v State of Victoria (Department of Education and Training) [2021] FCA 374

Federal Court of Australia

Morsman by his litigation representative Bampton v State of Victoria (Department of Education and Training) [2021] FCA 374 File number(s): VID 810 of 2018

Judgment of: KERR J

Date of judgment: 16 April 2021

Catchwords: PRACTICE AND PROCEDURE – approval of proposed agreement for the settlement of a proceedings conducted by a litigation representative on behalf of Applicant – whether prior involvement of lawyer providing advice precludes reliance upon that advice

Legislation: Federal Court of Australia Act 1976 (Cth) s 37AF Federal Court Rules 2011 (Cth) rr 1.34, 9.71(2)(c)

Cases cited: Jones v State of Victoria [2014] FCA 1404 Modra v State of Victoria (Department of Human Services Victoria & Department of Education and Early Childhood Development) [2013] FCA 1041 Wade v State of Victoria (No 2) [2012] FCA 1080

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 11

Date of hearing: Determined on the papers

Solicitor for the Applicant: The Applicant was represented by his litigation representative, Ms Bampton

Solicitor for the Respondent: Allens

ORDERS VID 810 of 2018

BETWEEN: RILEY MORSMAN BY HIS LITIGATION REPRESENTATIVE PATRICIA BAMPTON Applicant

AND: STATE OF VICTORIA DEPARTMENT OF EDUCATION AND TRAINING Respondent

order made by: KERR J DATE OF ORDER: 16 April 2021

THE COURT ORDERS THAT:

1. The settlement of these proceedings, as set on in the Deed of Release marked as Annexure "PB-1" to the affidavit of Patricia Bampton, affirmed 17 March 2021, be approved. 2. 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, Annexures "PB-1" and "PB-2" to the affidavit of Patricia Bampton, affirmed 17 March 2021, be treated as confidential to the parties to this proceeding and until further order: (a) Are to be marked as confidential to the parties on the Court's Electronic Court File; and (b) Are not to be available for public inspection, disclosed in open court or disclosed in the open part of any court transcript. 3. Compliance with r 9.71(2)(c) of the Federal Court Rules 2011 (Cth) be dispensed with. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.