Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Benetti v State of Victoria (Department of Education and Training) [2017] FCA 149 File number: VID 45 of 2016
Judge: BROMBERG J
Date of judgment: 23 February 2017
Catchwords: PRACTICE AND PROCEDURE – application for approval of settlement under r 9.70 of the Federal Court Rules 2011 (Cth) – where the applicant is a minor with a disability – whether the settlement is in the best interests of the applicant – consideration of relevant factors, including the opinion of independent counsel – whether counsel briefed in the proceeding is independent for the purposes of r 9.71(2)(c) – settlement approved
Legislation: Disability Discrimination Act 1992 (Cth) ss 5, 22 Federal Court Rules 2011 (Cth) rr 9.61, 9.70, 9.71
Cases cited: Hickey v Public Advocate (Victoria) [2012] FCA 1203 Koenders v Victoria [2016] FCA 842 Modra v Victoria [2013] FCA 1041 Scandolera v State of Victoria [2015] FCA 1451 Wade v State of Victoria (No 2) [2012] FCA 1080
Date of hearing: Determined on the papers
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: Mr D J Hancock
Solicitor for the Applicant: Arnold Thomas and Becker
ORDERS VID 45 of 2016
BETWEEN: EMMA BENETTI (BY HER LITIGATION REPRESENTATIVE KERYN CARMICHAEL) Applicant
AND: STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND TRAINING) Respondent
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