Sheehan v Thiess Pty Ltd (No 2) [2023] FCA 696

Federal Court of Australia

Sheehan v Thiess Pty Ltd (No 2) [2023] FCA 696 File number: WAD 542 of 2016

Judgment of: COLVIN J

Date of judgment: 23 June 2023

Cases cited: Australian Securities and Investments Commission v Richards [2013] FCAFC 89 Baker v Woolworths Group Limited (No 2) [2022] FCA 534 Fisher (trustee for the Tramik Super Fund Trust) v Vocus Group Limited (No 2) [2020] FCA 579 Fowkes v Boston Scientific Corporation [2023] FCA 230 Lloyd v Belconnen Lakeview Pty Ltd (No 3) [2022] FCA 761 Sheehan v Thiess Pty Ltd [2019] FCA 1762 Thiess Pty Ltd v Sheehan [2020] FCAFC 198 Williams v FAI Home Security Pty Ltd (No 4) [2000] FCA 1925

Division: Fair Work Division

Registry: Western Australia

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 13

Date of hearing: Determined on the papers

Counsel for the Applicant: Mr J Nicholas

Solicitor for the Applicant: Nicholas Legal

Counsel for the Respondent: Mr D Fletcher with Mr J Parkinson

Solicitor for the Respondent: Kingston Reid

ORDERS WAD 542 of 2016

BETWEEN: FRANK SHEEHAN Applicant

AND: THIESS PTY LTD Respondent

order made by: COLVIN J DATE OF ORDER: 23 June 2023

THE COURT ORDERS THAT:

1. Pursuant to s 33V and/or s 33ZF of the Federal Court of Australia Act 1976 (Cth), the settlement of the proceeding be approved on the terms set out in: (a) the Deed of Settlement entered into between the parties, a copy of which is exhibited as annexure JN-1 to the affidavit of Justin Michael Nicholas affirmed 23 December 2022 (Deed); and (b) the Settlement Scheme agreed between the parties, a copy of which is exhibited as annexure JN-2 to the affidavit of Justin Michael Nicholas affirmed 23 December 2022 (Settlement Scheme). 2. On or before 3 July 2023, for the purposes of s 33X and s 33Y of the Federal Court Act, the applicant shall cause a copy of these orders to be sent by email or post (where an active email address is not available or a bounce back message to a previously sent email has been received) to all group members to the extent such details are available to the applicant. 3. Within seven days of the respondent complying with all of its payment obligations under the Deed and its other obligations under the Settlement Scheme, the respondent shall notify the Court and the applicant: (a) details of: (i) the group members (or authorised representatives) that have provided a deed poll (or Administrator/Executor Notice) and Settlement Payment Forms to the respondent, including the date the documents were received; and (ii) the payment made to those group members, including the date the payment was made; and (b) that it has complied with its payment obligations under the Deed and its obligations under Settlement Scheme. 4. Pursuant to s 22, s 23 and/or s 33ZF of the Federal Court Act, r 1.32 of the Federal Court Rules 2011 (Cth) and/or the Court's implied jurisdiction, the proceeding be discontinued as and from the date the applicant files the notice of discontinuance in accordance with clause 3.2 and Annexure D of the Deed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.