Wotton v State of Queensland (No 7) [2017] FCA 406

Wotton v State of Queensland (No 7) [2017] FCA 406

Given that liability has been determined in favour of the applicants and group members for common issues, it is fair and reasonable that the cost of notifying group members about their rights and further proceedings be shared equally between applicants and respondents, while applicants alone bear the additional costs of engaging a graphic designer for notice preparation.

Jurisdiction
Australia
Judgment Date
20 April 2017
Procedural Posture
Representative Proceeding / Post Liability, Programming Orders and Registration of Group Members
Outcome
Orders made as set out for registration, notification, and payment of costs; costs reserved; programming orders for next steps.
Legal Topics
['representative Proceedings' 'registration of Group Members' 'notices to Group Members' 'costs of Notice']
['practice and Procedure' 'human Rights'] ['representative Proceedings' 'registration of Group Members' 'notices to Group Members' 'costs of Notice']

Case Brief

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Procedural Posture

Representative Proceeding / Post Liability, Programming Orders and Registration of Group Members

Legal Issues

  1. 1 ['Whether a registration process should be ordered for group members wishing to advance individual claims' 'Who should bear the costs of printing and distributing notices to group members']

Ratio Decidendi

Given that liability has been determined in favour of the applicants and group members for common issues, it is fair and reasonable that the cost of notifying group members about their rights and further proceedings be shared equally between applicants and respondents, while applicants alone bear the additional costs of engaging a graphic designer for notice preparation.

Court Disposition

Orders made as set out for registration, notification, and payment of costs; costs reserved; programming orders for next steps.

Orders

  • ['Group members wishing to advance individual claims must register by 1 July 2017 by approved methods.' 'Applicants and respondents each to bear 50% of expenses for printing, publishing, and distributing notices, except costs for engaging a graphic designer, to be born by applicants.' 'Detailed regime established...