Wotton v State of Queensland (No 10) [2018] FCA 915

Wotton v State of Queensland (No 10) [2018] FCA 915

The settlement was approved because the $30 million settlement sum, together with the public apology, was fair and reasonable in the interests of class members. The likely recovery under the scheme was at the high end of what class members might realistically recover in individual trials, the settlement was reached at arm's length after liability and common questions were determined, counsel recommended approval, there was no substantive objection, the scheme fairly differentiated between class members according to their different losses, the apology was of real value, and the proposed deductions for costs and administration were reasonable.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Representative Proceeding for Alleged Breaches of S 9(1) of the Racial Discrimination Act 1975 (cth) / Application for Court Approval of Settlement Under S 33 V of the Federal Court of Australia Act 1976 (cth) After Liability and Common Questions Had Been Determined
Outcome
Settlement approved.
Legal Topics
['approval of Class Action Settlement' 'racial Discrimination Act Breaches by Queensland Police Service Officers' 'settlement Distribution Scheme' 'public Apology' 'costs and Settlement Administration']
['representative Proceedings' 'human Rights' 'racial Discrimination' 'administrative and Constitutional Law and Human Rights'] ['approval of Class Action Settlement' 'racial Discrimination Act Breaches by Queensland Police Service Officers' 'settlement Distribution Scheme' 'public Apology' 'costs and Settlement Administration']

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Procedural Posture

Representative Proceeding for Alleged Breaches of S 9(1) of the Racial Discrimination Act 1975 (cth) / Application for Court Approval of Settlement Under S 33 V of the Federal Court of Australia Act 1976 (cth) After Liability and Common Questions Had Been Determined

Legal Issues

  1. 1 ['Whether the proposed settlement of the representative proceeding should be approved under s 33V of the Federal Court of Australia Act 1976 (Cth).' 'Whether the settlement sum and settlement scheme were fair and reasonable in the interests of class members.' 'Whether proposed deductions for legal costs, approval costs, administration costs and subgroup representative payments were fair and reasonable.' 'Whether the proposed public apology was a significant non-monetary benefit supporting approval.']

Ratio Decidendi

The settlement was approved because the $30 million settlement sum, together with the public apology, was fair and reasonable in the interests of class members. The likely recovery under the scheme was at the high end of what class members might realistically recover in individual trials, the settlement was reached at arm's length after liability and common questions were determined, counsel recommended approval, there was no substantive objection, the scheme fairly differentiated between class members according to their different losses, the apology was of real value, and the proposed deductions for costs and administration were reasonable.

Court Disposition

Settlement approved.

Orders

  • ['Confidential affidavits and counsel opinion were ordered to be kept confidential and sealed until further order.' 'The applicants, Delphine Dawn Clay as Travel Restriction Sub-group Representative, and Yvette Gail Wotton as General Damages Sub-group Representative were authorised nunc pro tunc to enter into and...