Background
This was a consolidated representative proceeding concerning the administration of a settlement distribution scheme approved in December 2023. The scheme administrator had assessed claims by 373 participating group members, including 223 members who received assessment notices covering 244 claims; 14 members were found ineligible because they had spent fewer than 30 days in detention.
The administrator sought approval of further administration costs incurred between November 2025 and June 2026, together with directions for a future application seeking approval of the final distribution of the remaining settlement fund. The Commonwealth did not appear.
The Court’s Holding
Justice Horan approved $809,668.13 in further administration costs, bringing approved administration costs through June 2026 to $6,266,591.24. The Court also authorised monthly payments of up to $15,000 from 1 July 2026 for specified disbursements pending the final-distribution hearing, subject to limits and later costs assessment and Court approval.
The Court approved the proposed notice of the final-distribution application and its method of distribution under ss 33X and 33Y of the Federal Court of Australia Act 1976 (Cth). Notices were to be translated into Bahasa Indonesia, sent through WhatsApp and other channels, and delivered in person where receipt could not be confirmed. The Court directed the applicant to file the final-distribution application by 25 September 2026 and made confidentiality orders protecting identified group-member information.
Key Takeaways
- The Court approved further settlement-administration costs as fair, reasonable, and in group members’ interests.
- The final distribution itself was not approved; the Court set a process for a later application and objections.
- Targeted Indonesian-language notice, including personal follow-up where needed, was held appropriate and reasonably practicable.
Why It Matters
The decision advances the settlement scheme toward final distribution while preserving registered group members’ opportunity to receive notice, inspect relevant material, and object. It also illustrates the Court’s continuing supervisory role over costs, notice, and confidentiality during class-action settlement administration.