Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
De Kauwe as litigation representative of Joshua de Kauwe v State of Victoria (Department of Education and Training) [2020] FCA 628 File number: VID 1319 of 2017
Judge: KERR J
Date of judgment: 12 May 2020
Catchwords: EVIDENCE – application under the Disability Discrimination Act 1992 (Cth) concerning education of child – interlocutory application for orders prohibiting applicant child from relying at trial on certain witness statements containing evidence regarding the circumstances of other children – evidence proposed to be led as evidence of a system or practice by the respondent, not as tendency or coincidence evidence under Pt 3.6 of the Evidence Act 1995 (Cth) – application upheld subject to certain exceptions on the basis of a want of relevance and pursuant to s 135(c) of the Evidence Act 1995 (Cth)
Legislation: Evidence Act 1995 (Cth) Pt 3.6, s 135(c) Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Cases cited: Kiefel v State of Victoria [2011] FCA 1301 Unique International College Pty Ltd v Australian Competition and Consumer Commission [2018] FCAFC 155; 266 FCR 631
Date of hearing: 5 May 2020
Date of last submissions: 4 May 2020
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 47
Counsel for the Applicant: Mr P Bingham
Solicitor for the Applicant: Berrill & Watson Lawyers
Counsel for the Respondent: Mr C Young and Ms E Holt
Solicitor for the Respondent: Allens
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