Federal Court of Australia
Federal Court of Australia Kyle-Sailor v Heinke (No 2) [2025] FCA 33 File number(s):
Judgment of: HORAN J
Date of judgment: 31 January 2025
Catchwords: REPRESENTATIVE PROCEEDINGS – application for approval of settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – where proceeding concerns claims under s 18C of the Racial Discrimination Act 1975 (Cth) arising from certain publications made by the respondents – whether proposed settlement is fair and reasonable as between group members and the respondents – whether proposed settlement distribution scheme is fair and reasonable as between group members – whether additional compensation payment to lead applicant is fair and reasonable having regard to interests of group members as a whole – settlement approval granted
Federal Court of Australia Act 1976 (Cth) ss 33V(1), (2), 33X, 33Y, 33ZF, 37AF, 37AG Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Racial Discrimination Act 1975 (Cth) ss 18C(1)(a), (b), 18D(b), (c)
Asirifi-Otchere v Swann Insurance (Aust) Pty Ltd (No 3) [2020] FCA 1885; 385 ALR 625 Blairgowrie Trading Ltd v Allco Finance Group Ltd (in liq) (No 3) [2017] FCA 330; 343 ALR 476 Caason Investments Pty Ltd v Cao (No 2) [2018] FCA 527 Camilleri v The Trust Company (Nominees) Ltd [2015] FCA 1468 Darwalla Milling Co Pty Ltd v F Hoffman-La Roche Ltd (No 2) [2006] FCA 1388; 236 ALR 322 Earglow Pty Ltd v Newcrest Mining Ltd [2016] FCA 1433 Ewok Pty Ltd (Trustee) v Wellard Ltd [2024] FCA 296 Faruqi v Hanson [2024] FCA 1264 Fowkes v Boston Scientific Corporation [2023] FCA 230 Galactic Seven Eleven Litigation Holdings LLC v Davaria (2024) 302 FCR 493 Hall v Pitcher Partners (a firm) [2022] FCA 1524 Cases cited: Hassan v State of Victoria [2023] VSC 478 Jones v Scully (2002) 120 FCR 243 Kelly v Willmott Forests Ltd (in liq) (No 4) [2016] FCA 323; 335 ALR 439 Kyle-Sailor v Heinke [2024] FCA 431 Liverpool City Council v McGraw-Hill Financial Inc [2018] FCA 1289 Porter v Dwyer [2022] FCAFC 116; 402 ALR 659 Smith v Commonwealth of Australia (No 2) [2020] FCA 837 Street v State of Western Australia [2024] FCA 1368 Webb v GetSwift Ltd (No 7) [2023] FCA 90; 414 ALR 500 Williams v FAI Home Security Pty Ltd (No 4) [2000] FCA 1925; 180 ALR 459 Wills v Woolworths Group Ltd [2022] FCA 1545 Wotton v State of Queensland (No 10) [2018] FCA 915 Yasmin v Commonwealth of Australia [2023] FCA 1661
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