Button v CSL Limited [2014] FCA 601

Button v CSL Limited [2014] FCA 601

The terms of settlement have been fully evaluated by independent senior counsel, the applicant's solicitor, and her litigation representative. The settlement is for the benefit of the applicant and should be approved, with funds to be managed by a suitable trustee and the terms kept confidential.

Jurisdiction
Australia
Judgment Date
06 June 2014
Procedural Posture
Civil / Approval of Settlement by Court Following Mediation
Outcome
Approval of settlement and orders as sought
Legal Topics
['approval of Compromise' 'settlement of Proceedings by Litigation Representative' 'confidentiality Orders']
['practice and Procedure'] ['approval of Compromise' 'settlement of Proceedings by Litigation Representative' 'confidentiality Orders']

Case Brief

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Procedural Posture

Civil / Approval of Settlement by Court Following Mediation

Legal Issues

  1. 1 ['Whether the settlement agreement under Rule 9.70 of the Federal Court Rules 2011 (Cth) should be approved for a plaintiff under legal incapacity' 'Whether the terms of trust management and confidentiality are appropriate']

Ratio Decidendi

The terms of settlement have been fully evaluated by independent senior counsel, the applicant's solicitor, and her litigation representative. The settlement is for the benefit of the applicant and should be approved, with funds to be managed by a suitable trustee and the terms kept confidential.

Court Disposition

Approval of settlement and orders as sought

Orders

  • ["Leave to compromise the applicant's action pursuant to Rule 9.70 in accordance with the Settlement Deed and Court approval granted." 'National Australia Trustees Limited appointed as trustee of the monies payable to the applicant.' 'Trustee empowered to apply income and capital for the maintenance, welfare, and...