Wotton v State of Queensland (No 9) [2017] FCA 1315

Wotton v State of Queensland (No 9) [2017] FCA 1315

In the interests of just, quick, inexpensive, and efficient resolution, the trial should be vacated to allow parties to focus on mediation, with provision for re-listing and trial preparation if mediation proves unsuccessful.

Jurisdiction
Australia
Judgment Date
01 November 2017
Procedural Posture
Group Proceeding (class Action) / Interlocutory (case Management and Preparation Orders Pending Final Trial)
Outcome
Trial vacated in favour of mediation; timetable and case management directions given for mediation and further preparation; final trial listed for June 2018 if required.
Legal Topics
['class Actions' 'case Management' 'mediation' 'damages']
['administrative Law' 'constitutional Law' 'human Rights'] ['class Actions' 'case Management' 'mediation' 'damages']

Case Brief

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Procedural Posture

Group Proceeding (class Action) / Interlocutory (case Management and Preparation Orders Pending Final Trial)

Legal Issues

  1. 1 ['Whether to vacate the scheduled trial to allow mediation to proceed for resolution of all outstanding issues, including additional subgroup and individual claims' 'How to manage preparation for trial if mediation does not resolve all issues']

Ratio Decidendi

In the interests of just, quick, inexpensive, and efficient resolution, the trial should be vacated to allow parties to focus on mediation, with provision for re-listing and trial preparation if mediation proves unsuccessful.

Court Disposition

Trial vacated in favour of mediation; timetable and case management directions given for mediation and further preparation; final trial listed for June 2018 if required.

Orders

  • ['Trial listed for 29 November 2017 to 8 December 2017 vacated.' 'Parties to attend mediation before The Honourable Michael McHugh AC QC on 6, 7, 8 December 2017, to be completed by 11 December 2017.' 'Proceeding listed for further case management hearing on 12 December 2017 at 11am AEDT.' 'Roy Leonard Bramwell...