Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sievwright v State of Victoria [2013] FCA 964 Citation: Sievwright v State of Victoria [2013] FCA 964
Parties: JADE SIEVWRIGHT (BY HER NEXT FRIEND, ANNE WITCOMBE) v STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT)
File number: VID 844 of 2012
Judge: JESSUP J
Date of judgment: 24 September 2013
Catchwords: PRACTICE AND PROCEDURE – application for striking out of statement of claim under r 16.21(1)(d) of Federal Court Rules 2011 – whether particular paragraphs of statement of claim embarrassing or prejudicial – whether remainder of statement of claim unintelligible or discloses no cause of action
Legislation: Australian Human Rights Commission Act 1986 (Cth), s 46PO Disability Discrimination Act 1992 (Cth), ss 5, 22, 31, 32, 34 Federal Court Rules 2011 (Cth), r 16.21
Cases cited: Purvis v New South Wales (2003) 217 CLR 92 Sievwright v State of Victoria [2012] FCA 118
Date of hearing: 30 August 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 67
Counsel for the Applicant: Mr P W Lithgow
Solicitor for the Applicant: Arnold Thomas & Becker
Counsel for the Respondent: Mr C P Young
Solicitor for the Respondent: Corrs Chambers Westgarth
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 844 of 2012
BETWEEN: JADE SIEVWRIGHT (BY HER NEXT FRIEND, ANNE WITCOMBE)
Applicant
AND: STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT)
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