Kiefel v State of Victoria [2011] FCA 1301

FEDERAL COURT OF AUSTRALIA

Kiefel v State of Victoria [2011] FCA 1301 Citation: Kiefel v State of Victoria [2011] FCA 1301

Parties: JAMES KIEFEL (BY HIS NEXT FRIEND, WENDY KIEFEL) v STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT)

File number(s): VID 2 of 2011 VID 250 of 2011

Judge: TRACEY J

Date of judgment: 27 September 2011

Legislation: Disability Discrimination Act 1992 (Cth) ss 5, 6 Evidence Act 1995 (Cth) ss 97, 98 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N

Date of hearing: 27 September 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 17

Counsel for the Applicant: Mr D Hancock

Solicitor for the Applicant: Access Law

Counsel for the Respondent: Mr C Young

Solicitor for the Respondent: Allens Arthur Robinson

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 2 of 2011

BETWEEN: JAMES KIEFEL (BY HIS NEXT FRIEND, WENDY KIEFEL)

Applicant

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

Respondent

JUDGE: TRACEY J DATE OF ORDER: 27 SEPTEMBER 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicant not be permitted to rely, at trial, on the affidavits of: Mark Modra sworn 8 October 2010; Bronwyn Pascoe sworn 10 October 2010; Ken Wilkinson sworn 12 October 2010; Keith Wilkinson sworn 12 October 2010; Julie Wilkinson sworn 10 October 2010; and Verina Bridges sworn 11 October 2010. 2. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011 IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 250 of 2011