Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DZQ18 as litigation representative for DZP18 v Minister for Home Affairs [2024] FCA 38 File number(s): VID 932 of 2018
Judgment of: MURPHY J
Date of judgment: 30 January 2024
Catchwords: NEGLIGENCE – claim alleging breach of duty of care in relation to the medical treatment of a child detained on Nauru – application by the litigation representative for approval of an infant's compromise under r 9.70 of the Federal Court Rules 2011 – whether the 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 1976 (Cth) ss 37AF, 37AG Migration Act 1958 (Cth) Federal Court Rules 2011 r 9.70
Cases cited: Bannister v State of Victoria [2012] FCA 1341 BXD18 (by her litigation representative Marie Theresa Arthur) v Minister for Home Affairs (No 2) [2024] FCA 16 FRM17 v Minister for Home Affairs [2019] FCAFC 148; 271 FCR 245 Minister for Home Affairs v DMA18 as litigation guardian for DLZ18 [2020] HCA 43; 270 CLR 372
Division: General Division
Registry: Victoria
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 44
Date of last submission: 16 October 2023
Date of hearing: Determined on the papers
Counsel for the Applicant: Ms S Gold
Solicitor for the Applicant: Maurice Blackburn Lawyers
Counsel for the Respondents: Mr T Katz
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