Walker v State of Victoria [2012] FCAFC 38

FEDERAL COURT OF AUSTRALIA

Walker v State of Victoria [2012] FCAFC 38 Citation: Walker v State of Victoria [2012] FCAFC 38

Appeal from: Walker v State of Victoria [2011] FCA 258 Walker v State of Victoria (No 2) [2011] FCA 417

Parties: ALEX WALKER (BY HIS NEXT FRIEND, PAIGE WALKER) v STATE OF VICTORIA, DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT

File number: VID 280 of 2011

Judges: GRAY, FLICK AND REEVES JJ

Date of judgment: 22 March 2012

Catchwords: HUMAN RIGHTS – discrimination – disability – education services – infant with several disabilities – application dismissed at first instance – whether trial judge's reasons adequate – proper approach of Court to case involving disabled infant – need to ground complaints in provisions of legislation – obligations of lawyers – relevant of case management considerations – relevance of Disability Standards – reasonableness – whether the trial judge erred in approach to admission of expert evidence HUMAN RIGHTS – discrimination – disability – victimisation – whether Court has jurisdiction to hear claim for victimisation

Legislation: Anti-Discrimination Act 1977 (NSW) s 50 Australian Human Rights Commission Act 1986 (Cth) ss 3(1), 46P, 46P(1), 46PA(1), 46PD, 46PF(1), 46PH, 46PH(1)(i), 46PH(2), 46PO, 46PO(1), 46PR, 49B Criminal Code Act 1995 (Cth) Ch 2 Disability Discrimination Act 1992 (Cth) ss 4(1), 5, 6, 6(b), 6(c), 12A, 22, 22(2)(a), 22(2)(c), 31, 31(1), 32, 42, 42(1), 42(2) Evidence Act 1995 (Cth) s 128 Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 Div 9.6 Judiciary Act 1903 (Cth) s 39B(1A)(c) Sex Discrimination Act 1984 (Cth) s 94 Disability Standards in Education 2005 Parts 5, 6