Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Modra v State of Victoria (Department of Human Services Victoria & Department of Education and Early Childhood Development) [2013] FCA 1041 Citation: Modra v State of Victoria (Department of Human Services Victoria & Department of Education and Early Childhood Development) [2013] FCA 1041
Parties: LUKE MODRA (BY HIS LITIGATION REPRESENTATIVE ELLEN MODRA) v STATE OF VICTORIA (DEPARTMENT OF HUMAN SERVICES VICTORIA & DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT)
File number: VID 844 of 2010
Judge: TRACEY J
Date of judgment: 11 October 2013
Catchwords: HUMANS RIGHTS – discrimination – minor with intellectual abilities – application by litigation representative for approval of settlement – whether application accompanied by an opinion of an independent lawyer – settlement approved
Legislation: Disability Discrimination Act 1995 (Cth) Federal Court Rules 2011 (Cth) – rr 9.70, 9.71
Cases cited: Gillespie v Alperstein [1964] VR 749 – considered Hickey v Pulic Advocate (Victoria) [2012] FCA 1203 – considered Modra v Victoria (2012) 205 FCR 445 – cited Re Barbour's Settlement; National Westminster Bank Ltd v Barbour [1974] 1 All ER 1188 – applied Wade v State of Victoria (No 2) [2012] FCA 1080 – applied
Date of hearing: 11 October 2013
Date of last submissions: 9 October 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 16
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