Federal Court of Australia
Federal Court of Australia
Rowe (by her litigation representative, Public Trustee of Western Australia) v Barton as Trustee for Barton Family Trust trading as Sealwerx WA (No 3) [2022] FCA 1240 File number: WAD 196 of 2020
Judgment of: JACKSON J
Date of judgment: 17 October 2022
Catchwords: PRACTICE AND PROCEDURE - application by litigation representative for approval of a compromise under r 9.70 of the Federal Court Rules 2011 (Cth) - independent legal opinion - settlement beneficial to interests of person under disability - consideration of relevant factors - compromise application approved - orders made
Legislation: Federal Court Rules 2011 (Cth) rr 1.34, 9.70, 9.71
Cases cited: Gillespie v Alperstein [1964] VR 749 Lewis v State of Victoria (Department of Education and Training) [2019] FCA 714 Modra v State of Victoria (Department of Human Services Victoria) [2013] FCA 1041 Scandolera v State of Victoria (Department of Education and Early Childhood Development) [2015] FCA 1451 Wade v State of Victoria (Department of Education and Early Childhood Development) (No 2) [2012] FCA 1080 Young v State of Victoria (Department of Education and Training) [2018] FCA 1124
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 14
Date of hearing: 17 October 2022
Counsel for the Applicant: Mr DE Clarke
Solicitor for the Applicant: Maurice Blackburn Lawyers
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