Hickey v Public Advocate (Victoria) [2012] FCA 1203

Hickey v Public Advocate (Victoria) [2012] FCA 1203

The settlement was approved because, considering the litigation risks, likely length and cost of trial, the practical difficulties of the disability discrimination claim, the management of the settlement sum by the applicant's administrator under VCAT supervision, and Mr Hancock's opinion, the agreement was in Mr Colby Hickey's best interests. The Court accepted that Mr Hancock, although acting for the applicant, could provide an independent lawyer's opinion for r 9.71(2)(c), or would dispense with that requirement if necessary.

Jurisdiction
Australia
Judgment Date
24 October 2012
Procedural Posture
Disability Discrimination Proceeding; Interlocutory Application for Approval of Settlement for Applicant Under Disability / Application for Approval of Settlement Under R 9.70 of the Federal Court Rules 2011 (cth), by Consent
Outcome
Settlement approved; confidentiality orders made; application dismissed.
Legal Topics
['disability Discrimination' 'settlement Approval' 'applicant Under Legal Incapacity' 'litigation Representative' 'independent Lawyer Opinion' 'confidentiality of Settlement Materials' 'mediation Confidentiality']
['human Rights' 'discrimination' 'practice and Procedure'] ['disability Discrimination' 'settlement Approval' 'applicant Under Legal Incapacity' 'litigation Representative' 'independent Lawyer Opinion' 'confidentiality of Settlement Materials' 'mediation Confidentiality']

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Procedural Posture

Disability Discrimination Proceeding; Interlocutory Application for Approval of Settlement for Applicant Under Disability / Application for Approval of Settlement Under R 9.70 of the Federal Court Rules 2011 (cth), by Consent

Legal Issues

  1. 1 ['Whether the settlement agreement compromising the proceeding should be approved as being in the best interests of Mr Colby Hickey, a person under a legal incapacity.' 'Whether an opinion from counsel acting for the applicant could satisfy the requirement in r 9.71(2)(c) of the Federal Court Rules 2011 (Cth) for an opinion of an independent lawyer.' 'Whether confidentiality orders should be made for affidavits and exhibits containing the settlement materials.' "Whether the costs arrangement disclosed in counsel's opinion should prevent approval of the settlement."]

Ratio Decidendi

The settlement was approved because, considering the litigation risks, likely length and cost of trial, the practical difficulties of the disability discrimination claim, the management of the settlement sum by the applicant's administrator under VCAT supervision, and Mr Hancock's opinion, the agreement was in Mr Colby Hickey's best interests. The Court accepted that Mr Hancock, although acting for the applicant, could provide an independent lawyer's opinion for r 9.71(2)(c), or would dispense with that requirement if necessary.

Court Disposition

Settlement approved; confidentiality orders made; application dismissed.

Orders

  • ['Pursuant to rule 9.70 of the Federal Court Rules 2011 (Cth), the settlement between the parties recorded in the deed of agreement exhibited as "REH3" to the affidavit of Mr Raymond Hickey sworn on 23 October 2012 is approved.' 'The affidavits of Mr Raymond Hickey sworn on 17 and 23 October 2012 and the exhibits...