Gill v Ethicon Sarl (No 14) [2024] FCA 1524

Gill v Ethicon Sarl (No 14) [2024] FCA 1524

Following approval of the settlement under s 33V of the Federal Court of Australia Act 1976 (Cth), group members' claims against the respondents are extinguished and replaced with substituted rights against the administrators of the settlement fund. Accordingly, the administrators are the 'notifiable persons' under the Health and Other Services (Compensation) Act 1995 (Cth), and the respondents cease to have obligations under that statute regarding group member claims.

Parties
Applicant: Kathryn Gill; Applicant: Diane Dawson; Applicant: Ann Sanders; Respondent: Ethicon SĂ rl; Respondent: Ethicon, Inc.; Respondent: Johnson & Johnson Medical Pty Limited (ACN 000 160 403); Applicant: Lisa Talbot; Applicant: Debra Fowkes; Respondent: Boston Scientific Corporation; Respondent: Boston Scientific Pty Limited; Administrator: Administrators (Janice Saddler, Andrew Fielding, Rory Walsh)
Jurisdiction
Australia
Judgment Date
23 December 2024
Procedural Posture
Representative Proceeding (class Action) / Post Settlement, Settlement Distribution, Approval and Ancillary Declarations
Outcome
Declarations and orders made as per draft relief, confirming administrators as 'notifiable persons' and approving administration-related matters.
Legal Topics
Settlement Distribution Scheme, Notifiable Persons Under Health and Other Services (compensation) Act, Federal Court Procedure
Class Actions Civil Procedure Consumer Protection Settlement Distribution Scheme Notifiable Persons Under Health and Other Services (compensation) Act Federal Court Procedure

Case Brief

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Parties

Kathryn Gill

Applicant

Diane Dawson

Applicant

Ann Sanders

Applicant

Ethicon SĂ rl

Respondent

Ethicon, Inc.

Respondent

Johnson & Johnson Medical Pty Limited (ACN 000 160 403)

Respondent

Lisa Talbot

Applicant

Debra Fowkes

Applicant

Boston Scientific Corporation

Respondent

Boston Scientific Pty Limited

Respondent

Administrators (Janice Saddler, Andrew Fielding, Rory Walsh)

Administrator

Procedural Posture

Representative Proceeding (class Action) / Post Settlement, Settlement Distribution, Approval and Ancillary Declarations

Legal Issues

  1. 1 Whether the administrators are the 'notifiable person' under the Health and Other Services (Compensation) Act 1995 (Cth) after approval of class action settlement; whether the respondents retain obligations under the HOSC Act; impact of settlement approval orders on group members' rights

Ratio Decidendi

Following approval of the settlement under s 33V of the Federal Court of Australia Act 1976 (Cth), group members' claims against the respondents are extinguished and replaced with substituted rights against the administrators of the settlement fund. Accordingly, the administrators are the 'notifiable persons' under the Health and Other Services (Compensation) Act 1995 (Cth), and the respondents cease to have obligations under that statute regarding group member claims.

Court Disposition

Declarations and orders made as per draft relief, confirming administrators as 'notifiable persons' and approving administration-related matters.

Orders

  • Settlement distribution scheme and deed approved with variations.
  • Certain orders not to be entered until specified date to allow for opposition by group members.