Jenkings v Northern Territory of Australia (No 4) [2021] FCA 839

Jenkings v Northern Territory of Australia (No 4) [2021] FCA 839

Suppression orders over the settlement sum and Deed of Settlement are not necessary to prevent prejudice to the proper administration of justice in this Part IVA representative proceeding; open justice and transparency require disclosure of the settlement sum to group members and the public, particularly given the nature of the proceeding and the cohort affected; inclusion of the settlement sum is a core, necessary component for the approval process and proper notice to group members.

Jurisdiction
Australia
Judgment Date
26 July 2021
Procedural Posture
Representative Proceeding / Interlocutory Application for Suppression Orders
Outcome
interlocutory application dismissed
Legal Topics
['suppression Orders' 'open Justice' 'settlement Approval' 'class Actions' 'federal Court Procedure']
['practice and Procedure'] ['suppression Orders' 'open Justice' 'settlement Approval' 'class Actions' 'federal Court Procedure']

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Procedural Posture

Representative Proceeding / Interlocutory Application for Suppression Orders

Legal Issues

  1. 1 ['Whether suppression orders should be made in relation to the settlement sum and/or Deed of Settlement in a class action' 'Whether making such suppression orders is necessary to prevent prejudice to the proper administration of justice under s 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth)']

Ratio Decidendi

Suppression orders over the settlement sum and Deed of Settlement are not necessary to prevent prejudice to the proper administration of justice in this Part IVA representative proceeding; open justice and transparency require disclosure of the settlement sum to group members and the public, particularly given the nature of the proceeding and the cohort affected; inclusion of the settlement sum is a core, necessary component for the approval process and proper notice to group members.

Court Disposition

interlocutory application dismissed

Orders

  • ['The interlocutory application by the Northern Territory, filed on 15 July 2021, is dismissed.' 'Until 10.15am on 8 November 2021, Annexure KMP38 to the affidavit of Kerry Palmer sworn 4 June 2021 not be available for inspection by any third party without leave of the Court.' 'Orders 1 and 10 of Justice Mortimer...