Izzo v State of Victoria (Department of Education and Training) [2020] FCA 770

FEDERAL COURT OF AUSTRALIA

Izzo v State of Victoria (Department of Education and Training) [2020] FCA 770 File number: VID 862 of 2018

Judge: MOSHINSKY J

Date of judgment: 4 June 2020

Catchwords: PRACTICE AND PROCEDURE – application to strike out parts of statement of claim – where claims made under the Disability Discrimination Act 1992 (Cth) and the Charter of Human Rights and Responsibilities Act 2006 (Vic) – where pleading alleged both direct and indirect discrimination – where pleading alleged failure to make reasonable adjustments

Legislation: Australian Human Rights Commission Act 1986 (Cth), ss 3, 46PO Disability Discrimination Act 1992 (Cth), ss 4, 5, 6, 11, 22 Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 (Cth) Disability Standards for Education 2005 (Cth), cl 3.3 Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 8, 10, 12, 13, 17, 21 Federal Court Rules 2011, rr 16.21, 16.45

Cases cited: Connor v State of Queensland (Department of Education and Training) (No 3) [2020] FCA 455 Dye v Commonwealth Securities Limited [2010] FCAFC 118 Harvey v Dioceses of Sale Catholic Education Limited (St Joseph's Primary School Wonthaggi) [2019] FCA 1714 Kiefel v State of Victoria [2013] FCA 1398 Mulligan v Virgin Australia Airlines Pty Ltd (2015) 234 FCR 207 Purvis v State of New South Wales (Department of Education and Training) (2003) 217 CLR 92 Sklavos v Australasian College of Dermatologists (2017) 256 FCR 247 Snell v State of Victoria (Department of Education and Training) (Registrar Allaway, 8 August 2019) Tropoulos v Journey Lawyers Pty Ltd (2019) 287 IR 363 Varasdi v State of Victoria [2018] FCA 1655 Watts v Australian Postal Corporation (2014) 222 FCR 220