FEDERAL CIRCUIT COURT OF AUSTRALIA
| REID & ANOR v MARILANDY PTY LTD | [2017] FCCA 2403 |
| Catchwords: PRACTICE AND PROCEDURE – Applicant under disability – minor with a brain injury – settlement – approval of settlement by Court – requirement that application be accompanied by opinion of independent lawyer – whether opinion of lawyer acting for applicant complies – meaning of independent lawyer – settlement approved. |
| Legislation: Disability Discrimination Act 1992 (Cth) Federal Circuit Court Rules 2001 (Cth), rr.1.05(2), 11.08 Federal Court Rules 2011 (Cth), Div.9.6, rr.7.11, 9.70, 9.71, Sch.1 |
| Cases cited: Butler v Djerriwarrh Employment & Education Services Inc [2015] FCA 296 Scandolera v Victoria [2015] FCA 1451; (2015) 331 ALR 525 Smith v Marriot Support Services [2013] FCA 312 |
| First Applicant: | BRENT REID |
| Second Applicant: | MICHELLE REID |
| Respondent: | MARILANDY PTY LTD (ACN 159 418 952) TRADING AS TURTLE COVE EARLY LEARNING CENTRE-WANDINA |
| File Number: | PEG 496 of 2017 |
| Judgment of: | Judge Antoni Lucev |
| Hearing date: | 26 September 2017 |
| Date of Last Submission: | 26 September 2017 |
| Delivered at: | Perth |
| Delivered on: | 2 October 2017 |
REPRESENTATION
| Solicitors for the Applicants: | Mr A Longland |
| Solicitors for the Respondents: | Mr A Clarke |
ORDERS (as made on 26 September 2017)
The settlement between the parties recorded in the Settlement Deed annexed and marked "MAR-1" to the affidavit of Michelle Alison Reid dated 11 September 2017("Reid Affidavit") is approved.
The settlement monies that are payable pursuant to the Settlement Deed be paid to the Interested Persons, Brent Reid and Michelle Reid, for the benefit of Jamie Reid.
The Reid Affidavit, and Annexures "MAR-1" and "MAR-2" thereto, and the supplementary affidavit of Michelle Alison Reid dated 26 September 2017, be treated as confidential to the parties in this proceeding and until further order:
(a)may be used only for the purposes of this proceeding;
(b)may be disclosed only to the parties and their legal representatives. In respect of Annexure "MAR-2", it may only be disclosed to the Interested Persons and their legal representatives; and
(c)will not be open to public inspection, disclosed in open court or disclosed in the open part of any court transcript.
There be no order as to costs.
Written reasons for judgement will be electronically published from Chambers at a later date to be specified.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT PERTH |
PEG 496 of 2017
| BRENT REID |
First Applicant
| MICHELLE REID |
Second Applicant
And
| MARILANDY PTY LTD (ACN 159 418 952) TRADING AS TURTLE COVE EARLY LEARNING CENTRE-WANDINA |
Respondent
REASONS FOR JUDGMENT
Introduction
Before the Court…
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- AGLC
- Reid v Marilandy Pty Ltd [2017] FCCA 2403
- Case
- [2017] FCCA 2403
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the settlement agreement should be approved, and specifically, whether the opinion provided by the lawyer acting for the applicant complied with the requirements of the relevant rules of court. This involved determining the meaning of "independent lawyer" in the context of an application for approval of a settlement involving a party under a disability.
His Honour considered the purpose of the rule requiring an independent lawyer's opinion, which is to ensure that the settlement is fair and reasonable from the perspective of the party under a disability, and that their interests are adequately protected. The Court found that while the lawyer acting for the applicant was not technically "independent" in the sense of having no prior involvement, their opinion, provided after careful consideration of the proposed settlement and its implications for the minor, satisfied the underlying purpose of the rule. The Court was satisfied that the settlement was in the best interests of the minor.
The Court therefore approved the settlement.
Orders
Orders of the court
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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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