FBV18 v Commonwealth of Australia [2024] FCA 947

Federal Court of Australia

FBV18 v Commonwealth of Australia [2024] FCA 947 File number(s): NSD 1892 of 2018

Judgment of: BUTTON J

Date of judgment: 23 August 2024

Catchwords: NEGLIGENCE – claim alleging breach of duty of care in relation to medical treatment of child detained on Nauru – application by litigation representative for approval of a settlement under r 9.70 of the Federal Court Rules 2011 (Cth) – whether settlement in the best interests of the child – whether suppression and non-publication orders necessary to prevent prejudice to the proper administration of justice and to protect the safety of any person – settlement approved – confidentiality orders made

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG, 37AI, 37AJ Migration Act 1958 (Cth) ss 189, 198AD, 494AB Federal Court Rules 2011 (Cth) rr 7.11, 9.70, 9.71

Cases cited: Allen v State of Victoria (Department of Education and Training) [2019] FCA 1074 Biasin v State of Victoria [2017] FCA 161 Brindle v The Corporation of the Trustee of the Roman Catholic Archdiocese of Brisbane operating as Brisbane Catholic Education [2019] FCA 609 BXD18 (by her litigation representative Marie Theresa Arthur) v Minister for Home Affairs (No 2) (2024) 301 FCR 392; [2024] FCA 16 DIZ18 (by her litigation representative DJA18) v Minister for Home Affairs (No 3) [2023] FCA 1350 DZQ18 as litigation representative for DZP18 v Minister for Home Affairs [2024] FCA 38 Gaha v Gaha [2024] FCA 531 Hartigan-Dunn v State of Victoria (Department of Education and Early Childhood Development) [2019] FCA 1146 Hickey v Public Advocate (Victoria) [2012] FCA 1203 Jones v State of Victoria [2014] FCA 1404 Koenders v State of Victoria (Department of Education and Training) [2016] FCA 842 Lewis v State of Victoria (Department of Education and Training) [2019] FCA 714 Minister for Home Affairs v DLZ18 (2020) 270 CLR 372; [2020] HCA 43 Modra v State of Victoria (Department of Human Services Victoria) [2013] FCA 1041 Rowe (by her litigation representative, Public Trustee of Western Australia) v Barton as trustee for Barton Family Trust trading as Sealwerx WA) (No 3) [2022] FCA 1240 Scandolera v State of Victoria (2015) 331 ALR 525; [2015] FCA 1451 Snell v State of Victoria (Department of Education and Training (No 3) [2024] FCA 825 The Country Care Group Pty Ltd v Commonwealth Director of Public Prosecutions (No 2) (2020) 275 FCR 377; [2020] FCAFC 44 Turner v Commonwealth of Australia (2019) 367 ALR 724; [2019] FCA 463 Wade v State of Victoria (No 2) [2012] FCA 1080