Casey v DePuy International Ltd (Appeal from Independent Counsel) [2023] FCA 254

Federal Court of Australia

Casey v DePuy International Ltd (Appeal from Independent Counsel) [2023] FCA 254 File number: ACD 10 of 2010

Judgment of: PERRAM J

Date of judgment: 24 March 2023

Catchwords: CONSTITUTIONAL LAW – application by group member of class action – where class action settlement approved under s 33V(1) of Federal Court of Australia Act 1976 (Cth) – where settlement contemplates future disputes to be resolved by Independent Counsel – where settlement permits appeal to Federal Court from Independent Counsel's decision – where group member appeals Independent Counsel's decision – whether Federal Court has jurisdiction to hear appeal STATUTORY INTERPRETATION – meaning of 'outside Victoria' – whether Commonwealth is outside Victoria under s 85 of Accidents Compensation Act 1985 (Vic) WORKERS' COMPENSATION – where WorkSafe Victoria paid out of pocket expenses on group member's behalf – whether group member liable to repay expenses – whether Respondents liable to compensate group member for such expenses under settlement agreement – whether group member failed to make compensation claim in accordance with settlement agreement

Legislation: Constitution ss 75, 76, 76(ii), 77(i) Conciliation and Arbitration Act 1904 (Cth) Federal Court of Australia Act 1976 (Cth) ss 33V(1), 33V(2), 33ZF Judiciary Act 1903 (Cth) s 39B(1A)(c) Trade Practices Act 1974 (Cth) ss 74B, 74D Accident Compensation Act 1985 (Vic) ss 82(1), 83(1)(d), 85, 85(1), 85(3), 85(6), 138 Accident Compensation and Transport Accident Acts (Amendment) Act 2003 (Vic) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 5(1)(c) Workers' Compensation Act 1926 (NSW) s 64(1)(a)