Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wade v State of Victoria (No 2) [2012] FCA 1080 Citation: Wade v State of Victoria (No 2) [2012] FCA 1080
Parties: CHRISTOS WADE (BY HIS NEXT FRIEND, LAMPRINI WADE) v STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT)
File number(s): VID 257 of 2009 VID 703 of 2009 VID 167 of 2010
Judge: BROMBERG J
Date of judgment: 3 October 2012
Catchwords: HUMAN RIGHTS – discrimination – minor with intellectual disabilities – claim of discrimination – application by litigation representative for approval of settlement – requirement that application be accompanied by an opinion of an independent lawyer – meaning of independent lawyer – settlement approved.
Legislation: Disability Discrimination Act 1992 (Cth) Federal Court Rules 2011, rr 9.70, 9.71
Date of hearing: Heard on the papers
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 14
Solicitor for the Applicant: Access Law
Solicitor for the Respondent: Maddocks
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 257 of 2009
BETWEEN: CHRISTOS WADE (BY HIS NEXT FRIEND, LAMPRINI WADE)
Applicant
AND: STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT)
Respondent
JUDGE: BROMBERG J DATE OF ORDER: 3 October 2012 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The settlement between the parties recorded in exhibit "LW-1" of the Affidavit of Lamprini Wade sworn on 10 July 2012 ("the Wade Affidavit") is approved. 2. The Wade Affidavit and the 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". 3. The proceeding be dismissed. 4. Costs as provided for in the settlement be taxed on a party-party basis in default of agreement. 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 703 of 2009
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