Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gill v Ethicon SĂ rl (No 14) [2024] FCA 1524 File numbers: NSD 1590 of 2012 NSD 310 of 2021 NSD 244 of 2021
Judgment of: LEE J
Date of judgment: 23 December 2024
Catchwords: REPRESENTATIVE PROCEEDINGS – settlement distribution scheme – identification of proper party to Medicare bulk payment agreements – where respondents contend they are no longer "notifiable persons" under the Health and Other Services (Compensation) Act 1995 (Cth) following settlement approval – observations as to how the "claims" of group members are resolved – where administrators are the "notifiable person"
Legislation: Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 33C, 33V(1), 33V(2), 33ZB Health and Other Services (Compensation) Act 1995 (Cth) ss 3, 3(a), 3(b), 22, 23, 34 Federal Court Rules 2011 (Cth) r 39.05(h)
Cases cited: Asirifi-Otchere v Swann Insurance (Aust) Pty Ltd (No 3) [2020] FCA 1885; (2020) 385 ALR 625 Dyczynski v Gibson [2020] FCAFC 120; (2020) 280 FCR 583 Fowkes v Boston Scientific Corporation [2023] FCA 230 Gill v Ethicon SĂ rl (No 10) [2023] FCA 228 J & J Richards Super Pty Ltd v Linchpin Capital Group Limited (Settlement Approval) [2023] FCA 656
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