Federal Court of Australia
Federal Court of Australia
Kyle-Sailor v Heinke [2024] FCA 431 File number(s): VID 698 of 2021
Judgment of: HORAN J
Date of judgment: 29 April 2024
Catchwords: PRACTICE AND PROCEDURE – representative proceeding – notice of settlement pursuant to s 33X of the Federal Court of Australia Act 1976 (Cth) – interlocutory application seeking non-publication order in respect of quantum of settlement sum – where parties agree that the quantum of the settlement sum should remain confidential –group members to be informed orally of settlement sum – whether non-publication order is necessary to prevent prejudice to the proper administration of justice and/or to protect the safety of any person – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) Part IVA Racial Discrimination Act 1975 (Cth)
Cases cited: AB (a pseudonym) v CD (a pseudonym) [2019] HCA 6; 364 ALR 202 Caason Investments Pty Ltd v Cao (No 2) [2018] FCA 527 Clark v National Australia Bank Limited (No 2) [2020] FCA 652 Coatman v Colonial First State Investments Limited [2022] FCA 1611 Foley v Gay [2016] FCA 273 Giddings v Australian Information Commissioner [2017] FCAFC 225 Hogan v Australian Crime Commission (2010) 240 CLR 651 Inabu Pty Ltd as trustee for the Alidas Superannuation Fund v CIMIC Group Limited [2020] FCA 510 Jenkings v Northern Territory of Australia (No 4) [2021] FCA 839 John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 John Fairfax Publications Pty Ltd v District Court of New South Wales (2004) 61 NSWLR 344 Liverpool City Council v McGraw‐Hill Financial Inc (now known as S&P Global Inc) [2018] FCA 1289 Madgwick v Kelly (2013) 212 FCR 1 Petersen Superannuation Fund Pty Ltd v Bank of Queensland Ltd (No 3) [2018] FCA 1842; 132 ACSR 258 Pigozzo v Mineral Resources Ltd [2022] FCA 1166 Porter v Australian Broadcasting Corporation [2021] FCA 863 Russell v Russell (1976) 134 CLR 495 Santa Trade Concerns Pty Limited v Robinson (No 2) [2018] FCA 1491 The Country Care Group Pty Ltd v Director of Public Prosecutions (Cth) (No 2) (2020) 275 FCR 377 Wotton v State of Queensland (No 10) [2018] FCA 915 J Jagot, B Murphy and A Moss, "Open Justice and Class Actions: including a Judicial Perspective" in M Legg and J Metzger (eds), The Australian Class Action: A 30-Year Perspective (Federation Press, 2023)
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