FEDERAL COURT OF AUSTRALIA
Sheehan v Thiess Pty Ltd (No 2) [2023] FCA 696
File number: WAD 542 of 2016 Judgment of: COLVIN J Date of judgment: 23 June 2023 Cases cited: Australian Securities and Investments Commission v Richards [2013] FCAFC 89
Baker v Woolworths Group Limited (No 2) [2022] FCA 534
Fisher (trustee for the Tramik Super Fund Trust) v Vocus Group Limited (No 2) [2020] FCA 579
Fowkes v Boston Scientific Corporation [2023] FCA 230
Lloyd v Belconnen Lakeview Pty Ltd (No 3) [2022] FCA 761
Sheehan v Thiess Pty Ltd [2019] FCA 1762
Division: Fair Work Division Registry: Western Australia National Practice Area: Employment and Industrial Relations Number of paragraphs: 13 Date of hearing: Determined on the papers Counsel for the Applicant: Mr J Nicholas Solicitor for the Applicant: Nicholas Legal Counsel for the Respondent: Mr D Fletcher with Mr J Parkinson Solicitor for the Respondent: Kingston Reid ORDERS
WAD 542 of 2016 BETWEEN: FRANK SHEEHAN
Applicant
AND: THIESS PTY LTD
Respondent
ORDER MADE BY:
COLVIN J
DATE OF ORDER:
23 JUNE 2023
THE COURT ORDERS THAT:
1.Pursuant to s 33V and/or s 33ZF of the Federal Court of Australia Act 1976 (Cth), the settlement of the proceeding be approved on the terms set out in:
(a)the Deed of Settlement entered into between the parties, a copy of which is exhibited as annexure JN-1 to the affidavit of Justin Michael Nicholas affirmed 23 December 2022 (Deed); and
(b)the Settlement Scheme agreed between the parties, a copy of which is exhibited as annexure JN-2 to the affidavit of Justin Michael Nicholas affirmed 23 December 2022 (Settlement Scheme).
2.On or before 3 July 2023, for the purposes of s 33X and s 33Y of the Federal Court Act, the applicant shall cause a copy of these orders to be sent by email or post (where an active email address is not available or a bounce back message to a previously sent email has been received) to all group members to the extent such details are available to the applicant.
3.Within seven days of the respondent complying with all of its payment obligations under the Deed and its other obligations under the Settlement Scheme, the respondent shall notify the Court and the applicant:
(a)details of:
(i)the group members (or authorised representatives) that have provided a deed poll (or Administrator/Executor Notice) and Settlement Payment Forms to the respondent, including the date the documents were received; and
(ii)the payment made to those group members, including the date the payment was made; and
(b)that it has complied with its payment obligations under the Deed and its obligations under Settlement Scheme.
4.Pursuant to s 22, s 23 and/or s 33ZF of the Federal Court Act, r 1.32 of the Federal Court Rules 2011 (Cth) and/or the Court's implied jurisdiction, the proceeding be discontinued as and from the date…
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- Case
- [2023] FCA 696
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the settlement reached by the parties was fair, reasonable, and in the best interests of all group members. It also had to consider the procedural fairness of the settlement process and ensure that all parties were properly informed and had the opportunity to participate. The court had to scrutinise the Deed of Settlement and the Settlement Scheme to ascertain whether they adequately protected the interests of Sheehan and other group members.
The court found that the settlement was fair, reasonable, and in the best interests of all group members. It approved the settlement on the terms set out in the Deed of Settlement and the Settlement Scheme. The court was satisfied that the settlement process was procedurally fair, as all parties had the opportunity to participate and were adequately informed. The court also noted that the settlement provided for adequate compensation and other benefits for the group members.
The court ordered the approval of the settlement, the distribution of notices to group members, and the discontinuance of the proceeding upon the filing of a notice of discontinuance. The respondent was required to notify the court and the applicant of the details of payments made to group members within seven days of fulfilling its payment obligations. The proceeding was to be discontinued as per the terms of the Deed.
Orders
Orders of the court
1. Pursuant to s 33V and/or s 33ZF of the Federal Court of Australia Act 1976 (Cth), the settlement of the proceeding be approved on the terms set out in:
(a) the Deed of Settlement entered into between the parties, a copy of which is exhibited as annexure JN-1 to the affidavit of Justin Michael Nicholas affirmed 23 December 2022 (Deed); and
(b) the Settlement Scheme agreed between the parties, a copy of which is exhibited as annexure JN-2 to the affidavit of Justin Michael Nicholas affirmed 23 December 2022 (Settlement Scheme).
2. On or before 3 July 2023, for the purposes of s 33X and s 33Y of the Federal Court Act, the applicant shall cause a copy of these orders to be sent by email or post (where an active email address is not available or a bounce back message to a previously sent email has been received) to all group members to the extent such details are available to the applicant.
3. Within seven days of the respondent complying with all of its payment obligations under the Deed and its other obligations under the Settlement Scheme, the respondent shall notify the Court and the applicant:
(a) details of:
(i) the group members (or authorised representatives) that have provided a deed poll (or Administrator/Executor Notice) and Settlement Payment Forms to the respondent, including the date the documents were received; and
(ii) the payment made to those group members, including the date the payment was made; and
(b) that it has complied with its payment obligations under the Deed and its obligations under Settlement Scheme.
4. Pursuant to s 22, s 23 and/or s 33ZF of the Federal Court Act, r 1.32 of the Federal Court Rules 2011 (Cth) and/or the Court's implied jurisdiction, the proceeding be discontinued as and from the date the applicant files the notice of discontinuance in accordance with clause 3.2 and Annexure D of the Deed.
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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