BXD18 (by her litigation representative Marie Theresa Arthur) v Minister for Home Affairs (No 2) [2024] FCA 16

Federal Court of Australia

BXD18 (by her litigation representative Marie Theresa Arthur) v Minister for Home Affairs (No 2) [2024] FCA 16 File number(s): VID 412 of 2018

Judgment of: MURPHY J

Date of judgment: 17 January 2024

Catchwords: NEGLIGENCE – claim alleging breach of duty of care in relation to sexual assault 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 proper administration of justice – settlement approved.

Legislation: Federal Court of Australia Act 1975 (Cth) ss 37AF and 37AG 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 340 BXD18 (by her litigation representative Marie Theresa Arthur) v Minister for Home Affairs [2023] FCA 123 DIZ18 (by her litigation representative DJA18) v Minister for Home Affairs (No 3) [2023] FCA 1350 Elliot 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 245 Gillespie v Alperstein [1964] VR 749 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 (Department of Education and Early Childhood Development [2013] FCA 1041 Oldham v Capgemini Australia Pty Ltd (No 2) [2016] FCA 1101 Scandolera v State of Victoria [2015] FCA 1451; 331 ALR 525