Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lambert v State of Victoria [2014] FCA 1064 Citation: Lambert v State of Victoria [2014] FCA 1064
Parties: AMBER LAMBERT v STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND DEVELOPMENT)
File number(s): VID 616 of 2013
Judge(s): DAVIES J
Date of judgment: 3 October 2014
Catchwords: PRACTICE AND PROCEDURE – application to strike out statement of claim pursuant to Federal Court Rules 2011 (Cth) r 16.21 – applicable principles in a strike out application – whether allegations of discrimination under Disability Discrimination Act 1992 (Cth) ss 5, 6 and 22 properly pleaded – statement of claim struck out but leave given to replead
Legislation: Federal Court Rules 2011 (Cth) r 16.21 Disability Discrimination Act 1992 (Cth) ss 4, 5, 6, 22(2), 22(2A)
Cases cited: Imobilari Pty Ltd v Opes Prime Stockbroking Ltd (2008) 252 ALR 41; [2008] FCA 1920 Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 3) 2010 267 ALR 494; [2010] FCA 361 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Davis v Commonwealth of Australia (1986) 68 ALR 18; [1986] HCA 66 Trade Practices Commission v Pioneer Concrete (Qld) Pty Ltd (1994) 52 FCR 164 Morton v Vouris (1996) 21 ACSR 497 Spiteri v Nine Network Australia Pty Ltd [2008] FCA 905 Young Investments Group Pty Ltd v Mann (2012) 293 ALR 537; [2012] FCAFC 107 Walker v State of Victoria [2012] FCAFC 38 Abela v State of Victoria [2013] FCA 832 Keifel v State of Victoria [2013] FCA 1398 Wade v State of Victoria [2012] FCA 400
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