Tham v Australian Capital Territory [2024] FCA 1508

Tham v Australian Capital Territory [2024] FCA 1508

The settlement, including the distribution scheme, legal costs, administration costs, and applicant reimbursement, is fair and reasonable and in the interests of group members. The orders for confidentiality over specified evidence are necessary to prevent prejudice to justice. Approval is appropriate under s 33V of the Act.

Parties
Applicant: Ying Ying Tham; First Respondent: Australian Capital Territory; Second Respondent: Calvary Health Care ACT Limited (ACN 105 304 989)
Jurisdiction
Australia
Judgment Date
18 December 2024
Procedural Posture
Representative Proceeding (class Action) / Settlement Approval Under S 33 V of the Federal Court of Australia Act 1976 (cth)
Outcome
Settlement approved. Ancillary orders made for administration and confidentiality. Proceedings to be dismissed upon final administration report. No order as to costs.
Legal Topics
Settlement Approval, Overtime Pay, Breach of Enterprise Agreements, Fair Work Act S 50, Administration of Settlement Schemes, Confidential Evidence, Legal Costs in Class Actions
Employment Law Industrial Law Class Actions Settlement Approval Overtime Pay Breach of Enterprise Agreements Fair Work Act S 50 Administration of Settlement Schemes +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Ying Ying Tham

Applicant

Australian Capital Territory

First Respondent

Calvary Health Care ACT Limited (ACN 105 304 989)

Second Respondent

Procedural Posture

Representative Proceeding (class Action) / Settlement Approval Under S 33 V of the Federal Court of Australia Act 1976 (cth)

Legal Issues

  1. 1 Whether the proposed settlement is fair and reasonable and in the interests of group members under s 33V of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether orders under pt VAA of the Federal Court of Australia Act 1976 (Cth) are necessary for confidential evidence

Ratio Decidendi

The settlement, including the distribution scheme, legal costs, administration costs, and applicant reimbursement, is fair and reasonable and in the interests of group members. The orders for confidentiality over specified evidence are necessary to prevent prejudice to justice. Approval is appropriate under s 33V of the Act.

Court Disposition

Settlement approved. Ancillary orders made for administration and confidentiality. Proceedings to be dismissed upon final administration report. No order as to costs.

Orders

  • Settlement approved under s 33V of the Federal Court of Australia Act 1976 (Cth) on the terms of the Deed and Scheme annexed to Mr Grech’s affidavit.
  • Scheme administrators (Gordon Legal and Hayden Stephens & Associates) appointed.