Morsman (by his next friend Bampton) v State of Victoria (Department of Education and Training) [2020] FCA 763

FEDERAL COURT OF AUSTRALIA

Morsman (by his next friend Bampton) v State of Victoria (Department of Education and Training) [2020] FCA 763 File number: VID 810 of 2018

Judge: KERR J

Date of judgment: 3 June 2020

Catchwords: PRACTICE AND PROCEDURE – allegation of disability discrimination in education contrary to Disability Discrimination Act 1992 (Cth) – child having Autism Spectrum Disorder – application for leave to amend pleadings, including by reinstating claims earlier abandoned – leave granted to make minor amendments – leave refused to add a claim proposed to be pleaded at a high level of generality and likely to be complex and time-consuming to resolve in view of the likely need to adduce tendency evidence and/or evidence of a system or practice – applicant given liberty to apply for leave to further amend pleadings to raise the claim framed more narrowly and linked more closely to expert evidence PRACTICE AND PROCEDURE – application for leave to amend pleadings – where application to amend pleadings advanced at late stage – to substitute claims in substance earlier abandoned – leave refused to amend pleadings to add several mutually inconsistent claims as alternative propositions,

Legislation: Disability Discrimination Act 1992 (Cth) ss 5, 6

Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Australian Building and Construction Commissioner v McDermott [2017] FCA 504 Unique International College Pty Ltd v Australian Competition and Consumer Commission [2018] FCAFC 155; 266 FCR 631

Date of hearing: 26 May 2020