Wreck Bay Aboriginal Community Council v Commonwealth of Australia (No 3) [2023] FCA 1132

The referee's reports were adopted because they were prepared after substantial consultation and proper consideration, but the recommended Aboriginality and age restrictions were not accepted because they would unfairly exclude persons within the pleaded group definition who had represented claims, including ordinary loss of use claims and claims by minors born before 1 September 2016. Subject to those qualifications and the treatment of issues raised by group members, the Settlement Distribution Scheme was a just and sensible scheme, the specified deductions were just, genuine late registrants could participate, and any reimbursement payments and any application by Mr Paul Ardler Snr for...

Jurisdiction: Australia
Judgment Date: 08 September 2023
Procedural Posture: Representative Proceeding/class Action / Application After Settlement Approval for Orders Under S 33 V(2) of the Federal Court of Australia Act 1976 (cth) Concerning Just Distribution of Money Paid Under the Settlement
Outcome: Referee's reports adopted subject to two caveats, settlement distribution scheme and proposed distribution orders approved, specified deductions approved, late claimants permitted to seek a benefit, administrators and independent counsel appointed, reimbursement payment issue deferred, and any application by Mr Paul...
Legal Topics: ['settlement Approval and Distribution' 'just Deductions From Settlement Fund' "adoption of Referee's Reports" 'group Member Eligibility' 'settlement Distribution Scheme' 'late Registration' 'opt Out']

['aboriginal and Torres Strait Islander Peoples' 'representative Proceedings'] ['settlement Approval and Distribution' 'just Deductions From Settlement Fund' "adoption of Referee's Reports" 'group Member Eligibility' 'settlement Distribution Scheme' 'late Registration' 'opt Out']

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Procedural Posture

Representative Proceeding/class Action / Application After Settlement Approval for Orders Under S 33 V(2) of the Federal Court of Australia Act 1976 (cth) Concerning Just Distribution of Money Paid Under the Settlement

Legal Issues

1 ["Whether the referee's Class Eligibility Report and Class Distribution Report should be adopted." 'Whether proposed restrictions limiting distributions to Aboriginal group members and to group members who had reached majority as at 19 June 2023 should be accepted.' 'Whether objections and concerns raised by group members about eligibility, individual assessments, business loss, independent counsel, costs, reimbursement payments and late registrations affected approval of the settlement distribution scheme.' 'What deductions from the settlement sum were just under s 33V(2) of the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

Court Disposition

Referee's reports adopted subject to two caveats, settlement distribution scheme and proposed distribution orders approved, specified deductions approved, late claimants permitted to seek a benefit, administrators and independent counsel appointed, reimbursement payment issue deferred, and any application by Mr Paul...

Orders

['Pursuant to s 54A(3)(a) of the Federal Court of Australia Act 1976 (Cth) and r 28.67(1)(a) of the Federal Court Rules 2011 (Cth), the reports of Mr Joshua Creamer dated 14 July 2023 and 17 August 2023 be adopted, except to the extent they exclude claims by persons who are not Aboriginal, including spouses who are...