Federal Court of Australia

Yasmin v Commonwealth of Australia (No 4) [2026] FCA 1007

ORDERS

THE COURT ORDERS THAT:

Administration Costs

1. Pursuant to ss 33V and 33ZF of the Federal Court of Australia Act 1976 (Cth) (FCA Act), the Court approves:

(a) for the purposes of cll 52 and 53 of the Settlement Distribution Scheme, the following amount to be paid from the funds held in the Settlement Fund by Australian Unity Trustees, or from funds held by the Administrator in a trust account comprising part of the Settlement Fund, to the Administrator for Administration Costs:

(i) $809,668.13 for Administration Costs incurred between approximately 1 November 2025 and 23 June 2026 and the subject of the report of Kerrie-Ann Rosati of DGT Costs Lawyers dated 7 July 2026 contained at annexure "MGB-4" to the affidavit of Mark Geoffrey Barrow affirmed on 9 July 2026.

2. Pursuant to ss 33V and 33ZF of the FCA Act and for the purposes of cl 56 of the Settlement Distribution Scheme:

(a) the amount of up to $15,000 per month commencing on 1 July 2026 is approved to be paid from funds held in the Settlement Fund by Australian Unity Trustees to the Administrator on account of Administration Costs which have been incurred or are expected to be incurred by the Administrator up to 1 December 2026; and

(b) the Administrator is authorised to use the amount paid under order 2(a) to pay disbursements which have been incurred or are expected to be incurred by the Administrator, including Counsel's fees, interpreter fees, scout fees, and Indonesian Liaison Officer fees, but may not use that amount to pay KCA fees, or his own fees without Court approval.

Final Distribution Application

3. By 4.00 pm on 25 September 2026, the Applicant shall file and serve an application for approval of the proposed Final Distribution (Final Distribution Application).

Notice to Registered Participating Group Members

4. Pursuant to s 33X of the FCA Act, all Registered Participating Group Members are to be given notice of the Final Distribution Application and proposed Final Distribution.

5. Pursuant to ss 33X(1)(a), (5) and 33Y of the FCA Act, the Court approves:

(a) the proposed Notice of the Final Distribution Application in the form and content annexed in Annexure B to these orders, which includes a ‘Notice of Objection to Proposed Final Distribution Form’ and ‘Request for Inspection Form’ (Notice of Final Distribution); and

(b) the accompanying communication in the form and content annexed in paragraph 3 of Annexure A to these orders.

6. The Notice of Final Distribution may be amended by the Administrator before it is posted, emailed or published in order to correct any postal, website, email address or telephone number or any typesetting, typographical or other non-substantive errors.

7. Pursuant to s 33Y(3) of the FCA Act, the Notice of Final Distribution and accompanying communication is to be given to all Registered Participating Group Members according to the procedure set out in Annexure A to these orders.

Objections to Proposed Final Distribution Application

8. By 4.00 pm (AEST) on 1 November 2026 (Objection Deadline), any Registered Participating Group Member who wishes to oppose the proposed Final Distribution shall file and serve a completed Notice of Objection to proposed Final Distribution (Notice of Objection) in the form attached to the Notice of Final Distribution by sending it to the Court and the Administrator (who will notify the Applicant and Respondent in the event a Notice of Objection is received) as follows:

(a) By email or by post to the Victorian District Registry of the Federal Court:

Email: vicreg@fedcourt.gov.au

Post: Federal Court of Australia

305 William Street

Melbourne VIC Australia 3000

(b) By email, post or WhatsApp to the Administrator as follows:

Email: admin@kencush.com.au

Post: Ken Cush & Associates

Level 1, 10-12 Lonsdale Street

Braddon, ACT, Australia 2612

WhatsApp: +61 410 994 428 (Administrator)

+62 821 2387 5289 (Indonesian Liaison Officer)

9. If on or before the Objection Deadline, the Administrator, the Applicant and/or the Respondent receive a notice purporting to be a Notice of Objection which has not also been sent to the Victorian District Registry of the Federal Court, the party who receives the notice must file the notice in the Victorian District Registry of the Federal Court within five business days of its receipt, with a notation as to the date of receipt. Any such notice will be treated as a Notice of Objection received by the Court at the time it was received by the Administrator, Applicant and/or the Respondent.

10. The Administrator, and the solicitors for the Applicant and the Respondent are granted leave to inspect the Court file and uplift for the purposes of copying any Notices of Objection.

Evidence and Submissions

11. By 4.00 pm on 9 October 2026, the Applicant file and serve:

(a) any evidence upon which he intends to rely in support of the Final Distribution Application; and

(b) his outline of submissions in support of the Final Distribution Application, together with a list of authorities and legislation on which he intends to rely.

12. By 4.00 pm on 30 October 2026, the Respondent and any person who has filed a Notice of Objection pursuant to order 8 file and serve:

(a) any evidence upon which they intend to rely on the Final Distribution Application; and

(b) any outline of submissions in response to the Final Distribution Application, together with a list of any authorities and legislation on which they intend to rely.

13. By 4.00 pm on 20 November 2026, the Applicant file and serve any outline of submissions in reply and any supplementary evidence on which he intends to rely.

14. The Final Distribution Application is to be listed for hearing on a date to be fixed not before 30 November 2026, with an estimate of one day.

Confidentiality

15. Pursuant to ss 37AF(1)(a), (b)(i) and (iv), 37AG(1)(a) and (c), and 37AJ of the FCA Act, until the hearing and determination of the Final Distribution Application, in order to prevent prejudice to the proper administration of justice and/or to protect the safety of any person, the following material is not to be published or disclosed to or by any person or entity, and is to be restricted to the parties, the parties' legal representatives, the presiding judge and necessary court staff:

Annexure "MGB-4" to Affidavit of Mark Geoffrey Barrow affirmed on 9 July 2026

(a) The Participating Group Member names referred to at pages 54-120 inclusive.

(b) The Participating Group Member names referred to at pages 149-171 inclusive.

Further orders

16. There be liberty to apply on 3 days’ notice.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

ANNEXURE A

Procedure for Distribution of the Notice of Final Distribution

1. The Administrator is to procure a translation of the Notice of Final Distribution into Bahasa Indonesian by 28 August 2026 (Translated Notice).

2. By 11 September 2026, the Administrator is to:

(a) cause a copy of the Translated Notice to be sent to all Registered Participating Group Members’ WhatsApp contact numbers listed on the Register of Group Members maintained by the Administrator; and

(b) cause a copy of the Translated Notice to be sent by email to EPP Law on behalf of Lisa Hiraiej who is the attorney for a cohort of Registered Participating Group Members.

3. The Translated Notice distributed in accordance with paragraph 2 above is to be accompanied by the following cover message translated to Bahasa Indonesian:

This is an important notice from the Federal Court of Australia in relation to the Ali Yasmin v Commonwealth of Australia Class Action Settlement Distribution Scheme. You are receiving this notice from the Court because you have previously registered to take part in the Settlement Distribution Scheme.

The Notice explains that an application for final payment of the settlement funds to all eligible Registered Participating Group Members is listed for hearing before the Federal Court of Australia on [a date to be fixed by the Court].

If you are an eligible Registered Participating Group Member your final payment will be made to you after approval by the Court of the final distribution.

Information about how to lodge an objection to the final payment can be found in this Notice.

4. For any Registered Participating Group Members who (i) do not have a WhatsApp contact number; or (ii) do not acknowledge receipt of the Translated Notice by reply WhatsApp message to the Administrator and/or the Administration staff, the Administrator shall by 25 September 2026 arrange for a scout employed by the Administrator to travel to the last known physical address of the Registered Participating Group Member and, if the Registered Participating Group Member is able to be located at that address, to provide a copy of the Translated Notice to the Registered Participating Group Member.

5. The Applicant's solicitors, Ken Cush & Associates, are to publish the Notice of Final Distribution and Translated Notice on the website maintained by Ken Cush & Associates at the address www.kencush.com.au.

6. The District Registrar of the Victorian Registry of the Federal Court of Australia will cause the Notice of Final Distribution to be posted on the Federal Court website and made available for inspection at the District Registry of the Federal Court in Sydney, Melbourne, Canberra, Brisbane, Adelaide and Perth.

7. Ken Cush & Associates shall cause a copy of the Microsoft Teams link and accompanying details to enable observation at the Final Distribution Application hearing at 10:15am (AEDT) on [a date to be fixed by the Court] to be displayed on, or otherwise made available for download from, their website at the address www.kencush.com.au and to remain continuously displayed or available up to and including the final determination of the Final Distribution Application.

ANNEXURE B

NOTICE OF PROPOSED FINAL DISTRIBUTION

FEDERAL COURT OF AUSTRALIA

ALI YASMIN v COMMONWEALTH OF AUSTRALIA CLASS ACTION

(VID 328 AND 664 OF 2020)

WHY IS THIS NOTICE IMPORTANT?

This notice contains important information about the proposed final distribution of the Ali Yasmin v Commonwealth of Australia Class Action Settlement Distribution Scheme filed by Ali Yasmin (the Applicant) against the Commonwealth of Australia (the Respondent).

If you are a Registered Participating Group Member in the Ali Yasmin v Commonwealth of Australia Class Action, your legal rights may be affected by the proposed final distribution. Please read this notice carefully.

KEY DETAILS OF THE PROPOSED FINAL DISTRIBUTION

WHY YOU HAVE RECEIVED THIS NOTICE: You have received this notice because you are a Registered Participating Group Member in the Ali Yasmin v Commonwealth of Australia Class Action. You may therefore be eligible to receive a payment from the proposed final distribution of the approved settlement sum.

This notice is approved by the Federal Court of Australia.

The Federal Court will consider whether to approve the proposed Final Distribution at a hearing at [XXTIME (AEDT) on XXDATE] in Melbourne, Australia (Final Distribution Application).

If you are a Registered Participating Group Member in the Ali Yasmin v Commonwealth of Australia Class Action, you have the right, if you wish, to attend that hearing (either in person or by video-link).

If the Court approves the proposed Final Distribution, the total amount available for distribution to all Registered Participating Group Members that have been determined to be eligible to receive a compensation payment will be approximately $17,000,000 million (in Australian dollars) taking into account initial payments to eligible group members (which have already been paid) and the payment of deductions approved by the Court for additional legal and administration costs.

Your individual estimated compensation entitlement, if any, is as set out in your Notice of Assessment as sent to you previously by the Administrator.

OBJECTION TO THE PROPOSED FINAL DISTRIBUTION: If you are a Registered Participating Group Member, you have the right to make submissions as to why the Court should not approve a Final Distribution (or any particular aspect of it).

To lodge an objection, you must return the attached ‘Notice of Objection Form’ as soon as possible, and no later than 4:00pm (AEDT) on 1 November 2026 to:

* The Federal Court of Australia (vicreg@fedcourt.gov.au)

* The Administrator, Ken Cush & Associates (admin@kencush.com.au)

* The Administrator’s Indoesian Liaison Officer, Pak Ryfal Badjo (+62 821 2387 5289)

FURTHER INFORMATION: If you have any questions about this Notice or the class action, further information is available from the Administrator of the Ali Yasmin v Commonwealth of Australia Class Action Settlement Distribution Scheme at https://www.kencush.com.au or by contacting them by telephone on +61 2 6257 9922, by WhatsApp on +62 821 2387 5289 or by email at admin@kencush.com.au. Alternatively, you may wish to seek your own legal advice.

Please note that the Federal Court is not able to answer any questions you may have in relation to this notice.

NOTICE OF OBJECTION TO PROPOSED FINAL DISTRIBUTION

FEDERAL COURT OF AUSTRALIA

ALI YASMIN v COMMONWEALTH OF AUSTRALIA CLASS ACTION (VID 328 AND 664 OF 2020)

IMPORTANT: COMPLETE THIS FORM ONLY IF YOU INTEND TO OBJECT TO THE PROPOSED FINAL DISTRIBUTION OF THE ALI YASMIN V COMMONWEALTH OF AUSTRALIA CLASS ACTION SETTLEMENT SUM

To:

* The Federal Court of Australia (vicreg@fedcourt.gov.au)

* The Administrator, Ken Cush & Associates (admin@kencush.com.au)

* The Administrator’s Indonesian Liaison Officer, Pak Ryfal Badjo (+62 821 2387 5289)

The person identified below gives notice that they object to the proposed final distribution of the settlement sum in the Ali Yasmin v Commonwealth of Australia Class Action:

A. DETAILS OF OBJECTOR

B. GROUNDS OF OBJECTION

The ground(s) for my objection to the proposed final distribution of the settlement sum are as follows (set out in the space below any submissions you wish to make – you may attach additional pages if necessary):

C. ATTENDANCE AT HEARING ON [XXDATE]

I do not intend to appear at the settlement approval hearing, but wish for my submission to be considered in my absence

I intend to appear at the settlement approval hearing (please tick one of the two above options)

If you do intend to appear at the settlement approval hearing, please complete the following:

I will appear on my own behalf

I will be represented by a lawyer:

……………………………………... (please insert lawyer name and contact details)

D. SIGNING OF NOTICE

……………………………………

Please sign here

Date:

REASONS FOR JUDGMENT

(Delivered ex tempore, revised from transcript)

HORAN J:

1 The settlement of this consolidated representative proceeding was approved on 22 December 2023, on the terms set out in the Deed of Settlement dated 4 October 2023 and the associated Settlement Distribution Scheme (SDS): Yasmin v Commonwealth of Australia [2023] FCA 1661. Mark Geoffrey Barrow of Ken Cush & Associates was appointed as the Administrator of the SDS.

2 Since the settlement approval, the Court has approved the payment of successive amounts from the Settlement Fund to the Administrator for Administration Costs under the SDS: Yasmin v Commonwealth of Australia (No 2) [2025] FCA 123; Yasmin v Commonwealth of Australia (No 3) [2025] FCA 732.

3 The Administrator now seeks orders for the approval of further Administration Costs, together with directions for the hearing of the Final Distribution Application.

PROGRESS OF THE ADMINISTRATION

4 Mr Barrow relies on his affidavit affirmed 9 July 2026 (the Barrow Affidavit), in which he has provided an update on the current progress of the Administration and the anticipated timing of the Final Distribution Application.  In summary:

(a) There are 373 Participating Group Members who are listed on the Register established under the SDS.  Fourteen of those Participating Group Members were determined to be ineligible to receive compensation on the basis that they did not meet the Qualifying Criteria, having spent less than 30 days in detention.  The Participating Group Members had 421 separate claims for assessment, with 42 Participating Group Members having been detained on more than one occasion.

(b) Mr Barrow has made decisions in respect of all of these claims:

(i) 223 Participating Group Members have received a Notice of Assessment of Participating Group Member Entitlement, covering 244 claims.  Mr Barrow has made an Initial Distribution to some of these Participating Group Members: see cl 37 of the SDS.

(ii) Mr Barrow has declined 177 claims made by 163 Participating Group Members, either because the person was ineligible to receive compensation or because the person’s identity and eligibility could not be assessed on the available information.

(iii) The last Notice of Assessment was provided on 12 May 2026.

(c) There have been Requests for Review by 55 Participating Group Members in respect of 59 separate claims; that is, around one-third of all decisions to decline compensation.

(d) The Review Deadline in respect of the last Notice of Assessment was no later than 11 July 2026 (subject to any extension by the Administrator under cl 27 of the SDS).  I was informed by counsel that, on her current instructions, the Administrator considers that it will take until the end of August 2026 to undertake and determine all outstanding requests for review.

FINAL DISTRIBUTION APPLICATION  

5 After Notices of Review have been provided to all Participating Group Members, the Administrator will make the Final Distribution Application for approval of Authorised Deductions, including Administration Costs, and the distribution to Participating Group Members of the Distribution Sum remaining in the Settlement Fund.  I was informed by counsel that, on her current instructions, the Administrator expects to be able to make the Final Distribution Application by 25 September 2026.

6 The Administrator has proposed a process for the notification of Participating Group Members of the Final Distribution Application by providing a Notice of Proposed Final Distribution.  The Administrator seeks approval of the proposed form and content of that Notice, and the manner in which it is to be given, pursuant to ss 33X and 33Y of the Federal Court of Australia Act 1976 (Cth) (FCA Act).

(a) The Notice will be translated into Bahasa Indonesia and sent directly to each registered Participating Group Member by WhatsApp message, as well as to the legal representatives of Ms Lisa Hiraiej as the attorney for a cohort of registered Participating Group Members.

(e) Participating Group Members will be asked to provide written confirmation of receipt of the Notice by WhatsApp message.  If confirmation is not received from any Participating Group Member, a scout will be sent to his or her last known address in order to attempt delivery of the Notice in person.

(f) The Administrator does not consider that it is necessary for the Notice to be published in Indonesian newspapers and considers that the distribution of the Notice can be limited to registered Participating Group Members, as they are the only persons who comprise the known group affected by the Final Distribution, and he is aware of their general locality or has contact information for them.

(g) Nevertheless, the Notice will also be posted on the Court’s website and made available for inspection at all District Registries.  In addition, the Notice will be published on the website of the applicant’s solicitors, Ken Cush & Associates.

(h) The Administrator believes that it will take approximately four weeks to disseminate the Notice to all Participating Group Members.

7 The Administrator has engaged an actuary to calculate the final payments to be made to each Participating Group Member under the SDS.  The actuarial report will be provided to the Court on the Final Distribution Application.  It is anticipated that, if the Final Distribution is approved by the Court, the payment of Participating Group Member entitlements from the Settlement Fund will take approximately three months to be finalised, following which the Administrator would seek final orders in the proceeding.

8 Having considered the material filed by the Administrator and the submissions made this morning, I am satisfied that the proposed form and content of the Notice, and the proposed way in which the Notice is to be given, are appropriate: see generally Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd (2017) 252 FCR 1 at [88] (Jagot, Yates and Murphy JJ); Gibson v Malaysian Airline System Berhad (No 3) [2017] FCA 1164 at [7] (Perram J).  In so far as the orders require notice to be given in person to any Participating Group Member, I am satisfied in the context of this proceeding that it is reasonably practicable and not unduly expensive to do so in the manner proposed by the Administrator: FCA Act, s 33Y(5); Femcare Ltd Bright (2000) 100 FCR 331 at [72]–[74] (Black CJ, Emmett and Sackville JJ). Accordingly, I will make the orders sought by the Administrator under ss 33X and 33Y of the FCA Act.

ADMINISTRATION COSTS  

9 The Administrator seeks approval of Administration Costs in the amount of $809,668.13, which were incurred in the period from 1 November 2025 to 23 June 2026.  These costs are the subject of the eighth costs report of Ms Kerrie-Ann Rosati of DGT Costs Lawyers dated 7 July 2026 (the Eighth Rosati Report), who has assessed the costs incurred by the Administrator in that amount as fair and reasonable.

10 The Court has previously approved Administration Costs amounting to $5,456,923.11 in respect of costs incurred up to November 2025.  Accordingly, the further amount in respect of which approval is sought will bring the total Administration Costs to $6,266,591.24 in respect of costs incurred up to June 2026.  That amount remains within the estimate of future Administration Costs that was provided by Mr Barrow in his affidavit affirmed on 2 May 2025, in which it was contemplated that the total costs incurred in the administration of the SDS to final distribution were likely to be approximately $7.5 million: see Yasmin v Commonwealth (No 3) [2025] FCA 732 at [28]–[38].  In that affidavit, Mr Barrow calculated the estimated Distribution Sum after Authorised Deductions as approximately $21.5 million, after taking into account accrued interest on the Compensation Sum.

11 In his recent affidavit, Mr Barrow confirmed his current opinion that the Authorised Deductions to the conclusion of the Administration will not exceed his previous estimate.  Taking into account ongoing interest on the Compensation Sum, the Distribution Sum is now estimated as approximately $22.72 million.  I note that this includes those amounts that have already been paid by way of Initial Distributions to registered Participating Group Members under the SDS.  The estimate is based on future Administration Costs in the amount of $1,214,990.34 from 23 June 2026 to the conclusion of the Administration, which reflects the balance of Mr Barrow’s previous estimate of $2.7 million, less the amount of $1,585,009.66 in respect of costs incurred from March 2025 to June 2026.

12 Based on this estimate, the dollar value of each “point” for the purpose of calculating Participating Group Member entitlements under the SDS is now estimated as $242.21, which is almost double the estimated value as at May 2025.  The precise dollar value will change between now and the Final Distribution Application, depending on the final determination and assessment of the claims of Participating Group Members who are eligible for compensation.

13 Consistently with orders made on previous occasions, the Administrator also seeks a further order to approve and authorise monthly payments of up to $15,000 from the Settlement Fund on account of disbursements which have been or are expected to be incurred from 1 July 2026 until the hearing of the Final Distribution Application.  The majority of those disbursements will be paid to the Administrator’s Indonesian Liaison Officer and interpreters in communicating with Participating Group Members.  Such Administration Costs will remain subject to assessment by an independent costs assessor and approval by the Court in accordance with cl 52 of the SDS.

14 Based on the material that has been provided to the Court, I am satisfied that the Administration Costs, the subject of the Eighth Rosati Report, and the proposed monthly payments on account of Administration Costs that are to be incurred until 1 December 2026 are appropriate and in the interests of Group Members.  Accordingly, I will make orders in the terms sought by the Administrator.

CONFIDENTIALITY

15 As on previous occasions, I will make confidentiality orders under ss 37AF, 37AG and 37AJ of the FCA Act in respect of information contained in the Barrow Affidavit relating to the names and the entitlements of individual Participating Group Members, consistent with previous orders made in the proceeding.

Associate:

Dated:    28 July 2026