Federal Court of Australia
Federal Court of Australia
Dawson v Commonwealth of Australia [2021] FCA 1354 File number: SAD 154 of 2019
Judgment of: WHITE J
Date of judgment: 29 October 2021
Date of publication of reasons: 3 November 2021
Catchwords: PRACTICE AND PROCEDURE – representative proceeding – Court approval of settlement notice to group members pursuant to ss 33X and 33Y of the Federal Court Act 1976 (Cth) – practical difficulties of providing notice to members located in remote communities – application to amend pleadings – proposed amendment to the group definition – notice approved – amendment allowed.
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33J, 33V, 33X, 33Y Racial Discrimination Act 1975 (Cth) ss 9, 10, 13 Social Security Act 1991 (Cth) s 593(1)(g)
Cases cited: GIO Australia Holdings Ltd [2001] FCA 270 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd [2017] FCAFC 98; (2017) 252 FCR 1 Pharm-a-Care Laboratories Pty Ltd v Commonwealth (No 6) [2011] FCA 277 Williams v FAI Home Security Pty Ltd (No 4) [2000] FCA 1925
Division: General Division
Registry: South Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 33
Date of hearing: 27 October 2021
Counsel for the Applicants: Mr T Guthrie with Ms K Bennett
Solicitor for the Applicants: Johnston Withers Lawyers
Counsel for the Respondent: Mr P Barker
Solicitor for the Respondent: Australian Government Solicitor
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