Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McElligott v Commonwealth of Australia represented by Services Australia [2023] FCA 1638 File number(s): QUD 407 of 2022
Judgment of: MEAGHER J
Date of judgment: 20 December 2023
Catchwords: PRACTICE AND PROCEDURE – Application by litigation representative for settlement approval – Whether settlement is in the best interests of the applicant – Consideration of factors including prospects of success and psychological strain on applicant - Whether confidentiality orders should be made – Confidentiality ordered – Settlement approved
Legislation: Age Discrimination Act 2004 (Cth) ss 14, 15, 31, 41, 57 Australian Human Rights Commission Act 1986 (Cth) s 46PH(1B)(b) Federal Court of Australia Act 1976 (Cth) ss 33V, 37AF(1)(b) Federal Court Rules 2011 (Cth) rr 4.12, 9.70, 9.71
Cases cited: Butler v Djerriwarrh Employment & Education Services Inc [2015] FCA 296 James v WorkPower Inc [2019] FCA 1239 Murrell v Mansfield Autism Statewide Services [2020] FCA 943 Scandolera v State of Victoria (2015) 331 ALR 525 Tsirigotis v Ivanhoe Grammar School [2018] FCA 2038 Tsirigotis v Victoria (Department of Education and Training) [2020] FCA 1771
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 23
Date of last submission/s: 15 December 2023
Date of hearing: Determined on the papers
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