Sister Marie Brigid Arthur (Litigation Representative) v Northern Territory of Australia (No 2)

Sister Marie Brigid Arthur (Litigation Representative) v Northern Territory of Australia (No 2) concerned a representative proceeding brought on behalf of children in youth detention in the Northern Territory. The dispute was settled, and the Northern Territory sought to have the settlement approved by the court. The Federal Circuit Court was required to determine whether it was appropriate to dispense with the requirement for the court to fix a date for the class members to opt out of the proceeding and whether the dismissal should be characterised as a settlement or a discontinuance.
The court found that it was appropriate to describe the resolution as a settlement rather than a discontinuance. The settlement had been negotiated between the parties, and the applicant had sought and obtained improvements in the proposed government initiatives. The respondents had also consented to orders to approve the in-principle settlement rather than orders to discontinue the proceeding. The court also found that it was appropriate to dispense with the requirement for the court to fix a date for the class members to opt out of the proceeding. This was because the proceeding was well advanced, and the class members had been fully informed of the settlement and had the opportunity to object to it. The court considered it appropriate to make the attached orders approving the settlement.