Casey v DePuy International Ltd (Appeal from Independent Counsel)

In this case, the plaintiff, Ms Davidson, appealed against a decision of Independent Counsel in a class action proceeding. The class action related to the use of a metal-on-metal hip implant manufactured by the defendants, DePuy International Ltd and others. The defendants appealed to the Federal Court, questioning the jurisdiction of the court to hear the appeal, as well as the interpretation of certain statutory provisions. The Federal Court was required to decide whether it had jurisdiction to hear the appeal, and whether the Commonwealth was "outside Victoria" for the purposes of the Accidents Compensation Act 1985 (Vic). The court was also required to determine whether the plaintiff was liable to repay expenses paid out of pocket by WorkSafe Victoria, and whether the defendants were liable to compensate the plaintiff for such expenses under the settlement agreement.

The court found that it did have jurisdiction to hear the appeal, as the Federal Court of Australia Act 1976 (Cth) provided for appeals to be made from decisions of Independent Counsel. The court also found that the Commonwealth was "outside Victoria" for the purposes of the Accidents Compensation Act 1985 (Vic), as the Act was a Victorian statute and did not apply to the Commonwealth. The court further found that the plaintiff was not liable to repay expenses paid out of pocket by WorkSafe Victoria, as the settlement agreement did not require her to do so. The court also found that the defendants were liable to compensate the plaintiff for such expenses under the settlement agreement, as the agreement provided for the reimbursement of out-of-pocket expenses.

The court ordered the parties to provide a short minute of order containing a suitable declaration and an order under s 33V(2) of the Federal Court of Australia Act 1976 (Cth) within 7 days. The court also ordered the defendants to pay the plaintiff's costs of the application.