Manus settlement deadline may be too tight

A Victorian court has to approve the $70 million settlement of a class action by current and former Manus Island detainees against the Australian government.

The tight deadline to get $70 million in compensation paid to Manus Island detainees before the offshore immigration detention centre closes may be extended if there is a groundswell of objections.

Lawyers hope to get the funds distributed to 1905 current and former Manus Island detainees before the centre closes at the end of October.

A hearing is scheduled for September 4 for the Victorian Supreme Court to approve the class action settlement reached with the Australian government and operators of the Manus Island Regional Processing Centre.

Justice Cameron Macaulay says the timetable may prove to be too tight if there is a great number of objections.

"I'm well aware that the fundamental driver for the urgency of this is to try and achieve distributions of money to people before Manus Island is largely vacated," he said on Monday.

Justice Macaulay said if there is a groundswell of objections or applications to opt out of the class action group, he may decide that more time is needed.

Group members have the right to object to the proposed settlement and can ask the court for more time to opt out, which would preserve their legal rights to take separate action.

The time spent in detention will influence how much each person receives in damages, as well as any physical and psychological injuries.

Justice Macaulay said the 816 men who remain in the Manus Island centre are likely to be those with the greatest financial stake.

Barrister Fiona Forsyth said law firm Slater and Gordon did not know where the detainees would end up once the centre closed.

"As a practical matter, once people have left Manus Island and are potentially dispersed around the globe, it's very difficult to determine how easy it will be to contact those people."

The court heard the Australian government is working with the International Organisation for Migration to distribute the required notices to former detainees, where Slater and Gordon does not have their contact details.


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Source: AAP



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