Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Varasdi v State of Victoria [2018] FCA 1655 File number(s): VID 367 of 2017
Judge(s): O'CALLAGHAN J
Date of judgment: 1 November 2018
Catchwords: PRACTICE AND PROCEDURE – interlocutory application brought by respondent seeking orders to strike out two allegations in the applicant's proposed second consolidated amended statement of claim – where applicant has brought proceedings against respondent alleging breaches of the Disability Discrimination Act 1992 (Cth) – where applicant seeks leave to file a second consolidated amended statement of claim – where respondent claims that two of the allegations fail to disclose a reasonable cause of action and/or is likely to cause prejudice, embarrassment or delay – finding that eleventh and fourteenth allegations fail to plead material facts – striking out of certain paragraphs – leave to re-plead those paragraphs refused
Legislation: Disability Discrimination Act 1992 (Cth), ss 5(2), 22 Federal Court Rules 211 (Cth), r 16.43
Cases cited: Kiefel v State of Victoria [2013] FCA 1398 Kirk v Industrial Court of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (2010) 239 CLR 531 Lambert v State of Victoria [2014] FCA 1064 Sievwright v State of Victoria [2013] FCA 964 Sklavos v Australian College of Dermatologists (2017) 256 FCR 247 Wade v State of Victoria [2012] FCA 400 Walker v State of Victoria [2012] FCAFC 38 Watts v Australian Postal Corporation (2014) 222 FCR 220
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