Woodward v State Of Victoria [2009] FCA 1122

FEDERAL COURT OF AUSTRALIA

Woodward v State Of Victoria [2009] FCA 1122

HUMAN RIGHTS –discrimination – disability – child with alleged disabilities – settlement of claim – proper orders to make on approval of terms of settlement DRUIAN WOODWARD (BY HIS NEXT FRIEND, MEREDITH WOODWARD) v STATE OF VICTORIA (DEPARTMENT OF EDUCATION & EARLY CHILDHOOD DEVELOPMENT)

VID 830 of 2008 / VID 604 of 2009

GORDON J

1 OCTOBER 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 830 of 2008 / VID 604 of 2009

GENERAL DIVISION

BETWEEN: DRUIAN WOODWARD (BY HIS NEXT FRIEND, MEREDITH WOODWARD)

Applicant

AND: STATE OF VICTORIA (DEPARTMENT OF EDUCATION & EARLY CHILDHOOD DEVELOPMENT)

Respondent

JUDGE: GORDON J

DATE OF ORDER: 1 OCTOBER 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to Order 43, rule 9 of the Federal Court Rules 1979 (Cth), the settlement between the parties recorded in Exhibit "MW-A" of the affidavit of Meredith Woodward sworn on 1 October 2009 ("the Woodward Affidavit") is approved. 2. The applications made on behalf of the Applicant on 3 October 2008 in proceeding VID 830 of 2008 and on 14 August 2009 in proceeding VID 604 of 2009 pursuant to s 46PO(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) are dismissed. 3. Subject to paragraph 5 herein, the Woodward Affidavit and exhibits thereto be treated on a confidential basis by being placed in a sealed envelope marked "NOT TO BE OPENED WITHOUT THE PERMISSION OF A JUSTICE OF THIS COURT". 4. On or before 15 October 2009, the Respondent pay into Court the sum specified in clause 2.3.6 of Exhibit "MW-A" to the Woodward Affidavit ("the Sum"). 5. A Registrar of the Court is entitled to have access to the Woodward Affidavit and exhibits for the purpose of administering the Sum. 6. The Registrar invest the Sum in an interest bearing account for the benefit of the Applicant. 7. The Registrar be authorised to make payments out of the Sum for the benefit of the Applicant:- a) for educational purposes for so long as the Applicant remains at school; and b) thereafter for the general welfare of the Applicant. 8. Any payments out in accordance with paragraph 7 of these Orders are to be made on application by the Applicant's next friend to the Registrar as is stipulated by the Registrar including by letter or orally. 9. Upon the Applicant attaining the age of 18 years, the Registrar release to the Applicant, or his guardian if one has been appointed, the remaining part of the Sum (if any). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA