HM v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2018] FCA 551

HM v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2018] FCA 551

The settlement was approved because, after considering the solicitor's affidavit, the Deed of Release, the parents' letter and the independent counsel's opinion, the Court was satisfied that the settlement was in HM's best interests. The Court also held that publication of the Pirie Affidavit and its annexures would prejudice the due administration of justice, justifying a non-publication order under s 37AF of the Federal Court of Australia Act 1976 (Cth) by reference to s 37AG(1)(a).

Jurisdiction
Australia
Judgment Date
20 April 2018
Procedural Posture
Application by Litigation Representative for Approval of Settlement in a Disability Discrimination Act 1992 (cth) Proceeding / Interlocutory Application Determined on the Papers by Consent
Outcome
Settlement approved; non-publication and pseudonym orders made; proceeding dismissed with no order as to costs.
Legal Topics
['approval of Settlement by Litigation Representative' 'legal Incapacity' 'disability Discrimination' 'court Ordered Mediation' 'non Publication Orders' 'pseudonym Orders']
['practice and Procedure' 'discrimination Law' 'human Rights'] ['approval of Settlement by Litigation Representative' 'legal Incapacity' 'disability Discrimination' 'court Ordered Mediation' 'non Publication Orders' 'pseudonym Orders']

Case Brief

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Procedural Posture

Application by Litigation Representative for Approval of Settlement in a Disability Discrimination Act 1992 (cth) Proceeding / Interlocutory Application Determined on the Papers by Consent

Legal Issues

  1. 1 ['Whether the Court should approve the settlement agreed by the litigation representative on behalf of HM.' 'Whether the Pirie Affidavit and its annexures should be subject to a non-publication order.' 'Whether the applicant should be referred to by the pseudonym "HM".']

Ratio Decidendi

The settlement was approved because, after considering the solicitor's affidavit, the Deed of Release, the parents' letter and the independent counsel's opinion, the Court was satisfied that the settlement was in HM's best interests. The Court also held that publication of the Pirie Affidavit and its annexures would prejudice the due administration of justice, justifying a non-publication order under s 37AF of the Federal Court of Australia Act 1976 (Cth) by reference to s 37AG(1)(a).

Court Disposition

Settlement approved; non-publication and pseudonym orders made; proceeding dismissed with no order as to costs.

Orders

  • ['The applicant be referred to by the pseudonym "HM".' 'The settlement between the parties recorded in the Deed of Release dated 19 March 2018 (Annexure CP1 to the affidavit of Claire Pirie affirmed on 27 March 2018 (Pirie Affidavit)) is approved.' 'Pursuant to s 37AF of the Federal Court of Australia Act 1976...