Federal Court of Australia
Federal Court of Australia
DIZ18 (by her litigation representative DJA18) (No 3) v Minister for Home Affairs [2023] FCA 1350 File number(s): VID 776 of 2018
Judgment of: MURPHY J
Date of judgment: 3 November 2023
Catchwords: NEGLIGENCE – claim alleging breach of duty of care in relation to medical treatment of a child detained on Nauru – application by litigation representative for approval of an infant's compromise under r 9.70 of the Federal Court Rules 2011 – whether settlement is in the best interests of the infant -– whether suppression and non-publication orders are necessary to prevent prejudice to the administration of justice – settlement approved
Legislation: Federal Court of Australia Act 1975 (Cth) ss 37AF, 37A Migration Act 1958 (Cth) Federal Court Rules 2011 r 9.70
Cases cited: Baltic Shipping Co v Dillon [1991] NSWCA 19; 22 NSWLR 1 Bannister v State of Victoria [2012] FCA 1341 Bushby (by his litigation representative Webling) v Victoria (Department of Education and Training) (No 2) [2023] FCA 34 Cannon v Griffiths & Ors (No 2) [2015] NSWSC 1329 DIZ18 (by her litigation representative DJA18) v Minister for Home Affairs (No 2) [2022] FCA 898 DJA18 as litigation representative for DIZ18 v Minister for Home Affairs [2018] FCA 1050 Elliot v State of Victoria (Department of Education & Training) [2018] FCA 1029 Elliott v State of Victoria [2018] FCA 1029 Fisher v Marin [2008] NSWSC 1357 Freeman v State of Victoria [2018] FCA 797 FRM17 v Minister for Home Affairs [2019] FCAFC 148; 271 FCR 254 Gray v State of Victoria (Department of Education and Early Childhood Development) [2017] FCA 353 James v WorkPower Inc [2019] FCA 1239 Minister for Home Affairs v DMA18 as litigation guardian for DLZ18 [2020] HCA 43; 270 CLR 372 Modra v State of Victoria [2013] FCA 1041 Oldham v Capgemini Australia Pty Ltd (No 2) [2016] FCA 1101 Rinehart v Welker [2011] NSWCA 403 Scandolera v State of Victoria [2015] FCA 1451; 331 ALR 525
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