Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scandolera v State of Victoria [2015] FCA 1451 Citation: Scandolera v State of Victoria [2015] FCA 1451
Parties: MATTHEW SCANDOLERA (BY HIS NEXT FRIEND CHRISTINE ROBINSON) and HARLEY SCANDOLERA (BY HIS NEXT FRIEND CHRISTINE ROBINSON) v STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT)
File number: VID 738 of 2014
Judge: MORTIMER J
Date of judgment: 17 December 2015
Catchwords: PRACTICE AND PROCEDURE – application by interested person for approval of settlement – minors with intellectual disabilities – whether settlement in best interests of applicants – consideration of relevant factors including prospects if proceeding were to continue and emotional strain of litigation – consideration of measures for the proper preservation of settlement monies – proposal for payment of settlement monies into the Supreme Court of Victoria to be held by the Supreme Court Senior Master for the benefit of the applicants – settlement approved
Legislation: Disability Discrimination Act 1992 (Cth) ss 5, 22 Federal Court of Australia Act 1976 (Cth) s 23 Guardianship and Administration Act 1986 (Vic) s 58B(2) Supreme Court Act 1986 (Vic) s 113B(1) Federal Court Rules 2011 (Cth) rr 7.11, 7.11(3), 9.61, 9.66(1), 9.70, 9.71 Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 79.10
Cases cited: Butler v Djerriwarrh Employment & Education Services Inc [2015] FCA 296 Button v CSL Ltd [2014] FCA 601 Diver v Diver [2007] VSC 146; 16 VR 318 Fisher v Marin [2008] NSWSC 1357 Permanent Trustee v Mills [2007] NSWSC 336; 71 NSWLR 1 Re Erdogan's Application [2012] VSC 256; 36 VR 579 Somerset v Ley [1964] 1 WLR 640 sub nom Re Ley's Trusts [1964] 2 All ER 326
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