Kyle-Sailor v Heinke

In Kyle-Sailor v Heinke, the applicant sought a non-publication order in relation to the quantum of a settlement sum in a representative proceeding. The application arose from publications made by the respondents concerning the spending of monies received under a settlement scheme approved by the Court in earlier representative proceedings. The applicant claimed that the publications gave rise to contraventions of the Racial Discrimination Act 1975 (Cth). The applicant and the respondents agreed that the quantum of the settlement sum should remain confidential, and that group members would be informed orally of the settlement sum. The legal issue for the Court was whether a non-publication order was necessary to prevent prejudice to the proper administration of justice and/or to protect the safety of any person.
The Court found that a non-publication order was not necessary to prevent prejudice to the proper administration of justice or to protect the safety of any person. The Court noted that each group member has their own individual claim for damages for the alleged contravention of the Racial Discrimination Act, and their knowledge of the total settlement sum is not relevant to their decision whether or not to opt out or accept the proposed settlement. The Court also noted that each group member could on request be advised orally of the amount of the settlement sum, and would be permitted to disclose that information to their lawyers or professional advisers. The Court dismissed the application for a non-publication order.