Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Morsman (by his next friend Bampton) v State of Victoria (Department of Education and Training) (No 2) [2020] FCA 1108 File number: VID 810 of 2018
Judge: KERR J
Date of judgment: 31 July 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 – proposed amendments found to extend beyond addition of confined claim as consistent with the reasons of the Court in refusing an earlier application for leave to amend – leave refused
Legislation: Disability Discrimination Act 1992 (Cth) ss 5, 6
Cases cited: Morsman (by his next friend Bampton) v State of Victoria (Department of Education and Training) [2020] FCA 763 Izzo v State of Victoria (Department of Education and Training) [2020] FCA 770
Date of hearing: Determined on the papers
Date of last submissions: 23 July 2020
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicant: Mr H Lewis
Solicitor for the Applicant: Victorian Law Co
Counsel for the Respondent: Ms E Latif
Solicitor for the Respondent: Allens
ORDERS VID 810 of 2018
BETWEEN: MORSMAN (BY HIS NEXT FRIEND PATRICIA BAMPTON) Applicant
AND: STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND TRAINING) Respondent
JUDGE: KERR J DATE OF ORDER: 31 july 2020
THE COURT ORDERS THAT:
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