Button v CSL Ltd

Case [2014] FCA 601

FEDERAL COURT OF AUSTRALIA

Button v CSL Limited [2014] FCA 601

Citation: Button v CSL Limited [2014] FCA 601
Parties: SABA BUTTON BY HER LITIGATION REPRESENTATIVE KIRSTEN BUTTON v CSL LIMITED (ACN 051 588 348); CSL LIMITED (ACN 051 588 348); STATE OF WESTERN AUSTRALIA and MINISTER FOR HEALTH OF THE STATE OF WESTERN AUSTRALIA (AS A BODY CORPORATE UNDER S 8 OF THE HEALTH ACT 1911 (WA))
File number: WAD 113 of 2013
Judge: BARKER J
Date of judgment: 6 June 2014
Corrigendum: 6 June 2014
Catchwords: PRACTICE AND PROCEDURE – application by litigation representative for approval of settlement – consideration of relevant requirements  
Legislation:

Federal Court of Australia Act 1976 (Cth) s 37AG
Trade Practices Act 1974 (Cth) s 74B, s 74D, s 75AD

Federal Court Rules 2011 (Cth) R 2.32, R 9.70, R 9.71

Health Act 1911 (WA)

Cases cited: Attard v Marriott Support Services [2013] FCA 311
Re Barbour’s Settlement; National Westminster Bank Ltd v Barbour [1974] 1 All ER 1188
Date of hearing: 6 June 2014
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 34
Counsel for the Applicant: Mr J Johnson
Solicitor for the Applicant: Julian Johnson Lawyers
Counsel for the Respondent and Cross‑Claimant: Mr MJ Feutrill
Solicitor for the Respondent and Cross‑Claimant: Allens
Solicitor for the Cross‑Respondents: State Solicitor's Office
Counsel for the Cross‑Respondents: Mr PD Quinlan SC

FEDERAL COURT OF AUSTRALIA

Button v CSL Limited [2014] FCA 601

CORRIGENDUM

1. In paragraph 2 of the Reasons for Judgment, in the second sentence, the word “significant” should read “significantly”.

I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Barker.

Associate:

Dated:        6 June 2014


IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

WAD 113 of 2013
BETWEEN:

SABA BUTTON BY HER LITIGATION REPRESENTATIVE KIRSTEN BUTTON
Applicant

CSL LIMITED (ACN 051 588 348)
Cross-Claimant
AND:

CSL LIMITED (ACN 051 588 348)
Respondent

STATE OF WESTERN AUSTRALIA
First Cross-Respondent

MINISTER FOR HEALTH OF THE STATE OF WESTERN AUSTRALIA (AS A BODY CORPORATE UNDER S 8 OF THE HEALTH ACT 1911 (WA))
Second Cross-Respondent

JUDGE:

BARKER J

DATE OF ORDER:

6 JUNE 2014

WHERE MADE:

PERTH

THE COURT ORDERS THAT:

1.

There be leave to compromise the applicant’s action pursuant to


Rule 9.70 of the Federal Court Rules 2011 (Cth) in accordance with the terms of the Settlement Deed annexed to the affidavit of Julian Johnson, sworn on 23 May 2014 and the Court approves the agreement.

2.National Australia Trustees Limited be appointed as trustee of such monies as are payable to the applicant, pursuant to the Settlement Deed.

3.National Australia Trustees Limited, as trustee of such monies as are payable to the applicant, pursuant to the Settlement Deed, be empowered at its discretion to apply from time to time the whole or any part of the income from the investment monies with recourse if considered necessary to the capital thereof for the…

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AGLC
Button v CSL Ltd [2014] FCA 601
Case
[2014] FCA 601
Decision Date

CaseChat Overview and Summary

Button brought an application in the Federal Court of Australia seeking approval for a settlement with CSL Limited. The settlement was between Button, the applicant, and CSL Limited, the defendant, in a personal injury action. The applicant sought approval to compromise her action in accordance with the terms of a Settlement Deed and the appointment of a trustee to hold and invest the settlement monies.

The court was required to consider whether the settlement was fair, reasonable and in the best interests of the applicant. The applicant argued that the settlement was fair and reasonable, and in her best interests, given her ongoing care, support, and rehabilitation needs. The court had to ensure that the settlement met the statutory requirements under the Federal Court Rules 2011 (Cth) and that the applicant's interests were protected.

The court approved the settlement, finding that it was fair, reasonable and in the best interests of the applicant. The court also appointed National Australia Trustees Limited as the trustee of the settlement monies and empowered the trustee to apply the income from the investment monies for the applicant's benefit. The court further ordered that certain documents be kept confidential and sealed, except for inspection by the court. Finally, the court ordered that the terms of the settlement not be disclosed in open court or in any reasons for decision of the court, except to disclose the existence of a confidential and conditional settlement.

The court made orders approving the settlement, appointing a trustee, empowering the trustee to apply the income from the settlement monies for the applicant's benefit, and imposing confidentiality and sealing orders on certain documents. The orders also prohibited the disclosure of the settlement terms, except to disclose the existence of a confidential and conditional settlement.

Orders

Orders of the court

1.

There be leave to compromise the applicant’s action pursuant to

Rule 9.70 of the Federal Court Rules 2011 (Cth) in accordance with the terms of the Settlement Deed annexed to the affidavit of Julian Johnson, sworn on 23 May 2014 and the Court approves the agreement.

2. National Australia Trustees Limited be appointed as trustee of such monies as are payable to the applicant, pursuant to the Settlement Deed.

3. National Australia Trustees Limited, as trustee of such monies as are payable to the applicant, pursuant to the Settlement Deed, be empowered at its discretion to apply from time to time the whole or any part of the income from the investment monies with recourse if considered necessary to the capital thereof for the maintenance, welfare and advancement or otherwise for the benefit of the applicant, including in particular, but not limited to, payment in respect to the ongoing care, support and rehabilitation needs of the applicant.

4. Liberty to apply with respect to the investment of monies, the trust and generally.

5. The materials provided to the Court subject to claims of privilege and/or confidentiality identified below are confidential for the purposes of Rule 2.32 of the Federal Court Rules and are to be placed in sealed envelopes and marked in the manner described below and are not to be inspected except by order of the Court:

(a) Annexure JJ1 to the affidavit sworn by Julian Johnson on 23 May 2014, Annexure JW to the affidavit sworn by Jan Wachowski on 23 May 2014, and the affidavit sworn by Kirsten Button on 23 May 2014, which are each to be marked and placed in a sealed envelope marked “CONFIDENTIAL DOCUMENT SEALED AND NOT TO BE REOPENED OR PROVIDED FOR INSPECTION WITHOUT COURT ORDER”; and

(b) Annexures JJ2 and JJ3 to the affidavit sworn by Julian Johnson on 23 May 2014, which are each to be marked and placed in a sealed envelope marked “PRIVILEGED AND CONFIDENTIAL DOCUMENT SEALED AND NOT TO BE REOPENED OR PROVIDED FOR INSPECTION WITHOUT COURT ORDER”.

6. Except to disclose the existence of a confidential and conditional settlement between the parties, the terms of the Settlement Deed referred to in paragraph 1 are not to be referred to in open Court or in any reasons for decision of the Court.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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