Bayles by his litigation representative Bayles v Nationwide News Pty Limited (No 2) [2020] FCA 1393

Bayles by his litigation representative Bayles v Nationwide News Pty Limited (No 2) [2020] FCA 1393

The settlement was approved because, having regard to the independent defamation lawyer's advice, the support of the applicants' legal advisers, the apology and early vindication, the inherent risks and uncertainty of litigation, the non-insubstantial settlement sum and Ms Bayles' evidence, the Court was satisfied that the settlement was in Quaden Bayles' best interests. The Court was also prepared to order payment of the proceeds into the nominated trust account because the trust deed had been prepared by a reputable firm of solicitors and the trustees were Ms Bayles and her sister.

Jurisdiction
Australia
Judgment Date
27 September 2020
Procedural Posture
Defamation Proceeding / Interlocutory Application for Approval of Settlement Under R 9.70 of the Federal Court Rules 2011 (cth)
Outcome
Settlement of the first applicant's claims approved; settlement proceeds ordered to be paid into the Quaden Bayles Trust account; matter stood over for case management.
Legal Topics
['approval of Settlement for a Minor' 'legal Incapacity' 'best Interests of Child Applicant' 'twitter Publications' 'deed of Release and Trust Fund']
['defamation' 'civil Procedure'] ['approval of Settlement for a Minor' 'legal Incapacity' 'best Interests of Child Applicant' 'twitter Publications' 'deed of Release and Trust Fund']

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Procedural Posture

Defamation Proceeding / Interlocutory Application for Approval of Settlement Under R 9.70 of the Federal Court Rules 2011 (cth)

Legal Issues

  1. 1 ["Whether the settlement of the first applicant's defamation claims should be approved because he is a child under a legal incapacity." "Whether the settlement is in the first applicant's best interests." 'Whether the settlement proceeds should be paid into the bank account held in the name of the Quaden Bayles Trust.']

Ratio Decidendi

The settlement was approved because, having regard to the independent defamation lawyer's advice, the support of the applicants' legal advisers, the apology and early vindication, the inherent risks and uncertainty of litigation, the non-insubstantial settlement sum and Ms Bayles' evidence, the Court was satisfied that the settlement was in Quaden Bayles' best interests. The Court was also prepared to order payment of the proceeds into the nominated trust account because the trust deed had been prepared by a reputable firm of solicitors and the trustees were Ms Bayles and her sister.

Court Disposition

Settlement of the first applicant's claims approved; settlement proceeds ordered to be paid into the Quaden Bayles Trust account; matter stood over for case management.

Orders

  • ["Pursuant to r 9.70 of the Federal Court Rules 2011 (Cth), the agreement to settle the first applicant's claims, recorded in annexure DF-1 to the affidavit of Duncan Mark McKenzie Fine sworn on 23 September 2020, be approved." 'The proceeds of the settlement be paid into the bank account held in the name of the...