Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yasmin v Commonwealth of Australia [2023] FCA 1661 File number(s): VID 328 of 2020 VID 664 of 2020
Judgment of: HORAN J
Date of judgment: 22 December 2023
Catchwords: REPRESENTATIVE PROCEEDINGS – application for approval of settlement by Court pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – whether proposed settlement is fair and reasonable as between group members and the respondent – whether proposed settlement distribution scheme is fair and reasonable as between group members – whether lead applicant's compensation payment claim is reasonable having regard to interests of group members as a whole – settlement approval granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 33V Migration Act 1958 (Cth) Racial Discrimination Act 1975 (Cth) High Court Rules 2004 (Cth)
Cases cited: Australian Competition and Consumer Commission v Chats House Investments Pty Ltd (1996) 71 FCR 250 Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (In Liq) (No 3) [2017] FCA 330 Caason Investments Pty Ltd v Cao (No 2) [2018] FCA 527 Camilleri v The Trust Company (Nominees) Limited [2015] FCA 1468 Commonwealth v AJL20 (2021) 273 CLR 43 Darwalla Milling Co Pty Limited v F Hoffman-La Roche Ltd (No 2) (2006) 236 ALR 322; [2006] FCA 1388 Davis v Quintis Ltd (subject to deed of co arrangement) [2022] FCA 806 Hassan v State of Victoria [2023] VSC 478 Kamasaee v Commonwealth of Australia [2017] VSC 537 Kelly v Willmott Forests Ltd (in liquidation) (No 4) [2016] FCA 323 Kuterba v Sirtex Medical Ltd (No 3) [2019] FCA 1374 Petersen Superannuation Fund Pty Ltd v Bank of Queensland Limited (No 3) [2018] FCA 1842 Smith v Commonwealth of Australia (No 2) [2020] FCA 837 Somers v Box Hill Institute [2022] VSC 730 Williams v FAI Home Security Pty Ltd (No 4) (2000) 180 ALR 459; [2000] FCA 1925 Australian Human Rights Commission, "An Age of Uncertainty", report of the Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children, July 2012
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