Denton v State of Victoria [2011] FCA 854

FEDERAL COURT OF AUSTRALIA

Denton v State of Victoria [2011] FCA 854 Citation: Denton v State of Victoria [2011] FCA 854

Parties: JASON DENTON (BY HIS NEXT FRIEND, LYN BOYD) v STATE OF VICTORIA (DEPARTMENT OF EDUCATION)

File number: VID 294 of 2011

Judge: KENNY J

Date of judgment: 2 August 2011

Catchwords: HUMAN RIGHTS – discrimination – child with disabilities – claim of unlawful discrimination in the provision of education services – application for approval of settlement of claim –approval of settlement given

Legislation: Disability Discrimination Act 1992 (Cth) Disability Standards for Education 2005 (Cth) Australian Human Rights Commission Act 1986 (Cth) Federal Court Rules 1979 (Cth) Federal Court Rules 2011 (Cth)

Date of hearing: 2 August 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 13

Solicitor for the Applicant: Mr Kuek, Access Law

Solicitor for the Respondent: Mr R Jolley, Minter Ellison

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 294 of 2011

BETWEEN: JASON DENTON (BY HIS NEXT FRIEND, LYN BOYD)

Applicant

AND: STATE OF VICTORIA (DEPARTMENT OF EDUCATION)

Respondent

JUDGE: KENNY J DATE OF ORDER: 2 AUGUST 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The settlement between the parties recorded in the Deed of Release exhibited as "LB-1" to the affidavit of Ms Lyn Boyd sworn on 25 July 2011 is approved. 2. The affidavit of Ms Boyd sworn 25 July 2011 and the exhibits thereto be treated as confidential by being placed in a sealed envelope marked "NOT TO BE OPENED WITHOUT THE PERMISSION OF A JUSTICE OF THIS COURT". AND THE COURT DIRECTS THAT: 3. The parties notify the Chambers of Justice Kenny that payments in accordance with clauses 2.1 and 2.2 of the Deed of Release (see paragraph 1 above) have been made, within 3 days' of those payments having been made. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.