Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jones v State of Victoria [2014] FCA 1404 Citation: Jones v State of Victoria [2014] FCA 1404
Parties: CHEVY JONES (BY HIS NEXT FRIEND YVONNE JONES) v STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT)
File number: VID 308 of 2011
Judge: NORTH J
Date of judgment: 8 December 2014
Catchwords: HUMAN RIGHTS – disability discrimination – applicant claimed discrimination because of intellectual disabilities – settlement of proceeding – application by litigation representative for approval of settlement by the Court – requirement that application be accompanied by opinion of independent lawyer – meaning of independent lawyer – settlement approved PRACTICE AND PROCEDURE – applicant claimed discrimination because of intellectual disabilities – settlement of proceeding – application by litigation representative for approval of settlement by the Court – requirement that application be accompanied by opinion of independent lawyer – meaning of independent lawyer – settlement approved
Legislation: Disability Discrimination Act 1992 (Cth ss 4, 32, 34, ) Federal Court Rules 2011 (Cth) r 9.70, 9.71 Judiciary Act 1903 (Cth) s 79 Limitation of Actions Act 1958 (Vic)
Cases cited: Baird v Queensland (2005) 146 FCR 571 Hickey v Public Advocate (Victoria) [2012] FCA 1203 Modra v State of Victoria (Department of Human Services Victoria & Department of Education and Early Childhood Development) [2013] FCA 1041 Wade v State of Victoria (No 2) [2012] FCA 1080
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