Bushby (by his litigation representative Webling) v State of Victoria (Department of Education and Training) (No 2)

In the case of Bushby (by his litigation representative Webling) v State of Victoria (Department of Education and Training) (No 2), the court was asked to approve a settlement in a case where the applicant, Bushby, a person with Autism Spectrum Disorder and other disabilities, had brought a claim against the State of Victoria for alleged discrimination in the provision of education. The litigation representative, Webling, sought approval of the settlement and accompanying confidentiality orders. The court was required to determine whether the application for approval of the settlement was validly made, whether the settlement was in the applicant's best interests, and whether confidentiality orders should be granted to protect the interests of the parties involved.

The court found that while the application for approval of the settlement was not accompanied by an opinion of an independent lawyer as required by rule 9.71(2)(c) of the Federal Court Rules 2011, this requirement could be dispensed with in the interest of justice. The court considered the settlement to be in the best interests of the applicant, given the benefits it provided, and approved the settlement as outlined in the Deed of Settlement annexed to Webling’s affidavit. Additionally, the court granted confidentiality orders to protect sensitive information and prevent potential prejudice to the proper administration of justice. The court also allowed the applicant to file a notice of discontinuance on terms that the parties bear their own costs and granted liberty to apply in relation to any matters arising out of these orders.

This decision highlights the court's flexibility in applying procedural rules in the interest of justice and its consideration of the best interests of vulnerable parties in approving settlements. The confidentiality orders reflect the court's commitment to protecting sensitive information while ensuring that the administration of justice is not prejudiced.