Federal Court of Australia
Federal Court of Australia
Talbot v The Board of Members of St Patricks College Prospect Catholic College [2020] FCA 1325 File number: TAD 53 of 2019
Judgment of: KERR J
Date of judgment: 16 September 2020
Catchwords: COSTS – alleged discrimination against child in the provision of education services contrary to the Disability Discrimination Act 1992 (Cth) - application by litigation representative for leave to discontinue proceeding with no order as to costs – consideration of r 26.12(7) of the Federal Court Rules 2011 (Cth) – application granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 37N Federal Court Rules 2011 (Cth) rr 9.70, 26.12(7)
Cases cited: Fordyce v Fordham [2006] NSWCA 274; 67 NSWLR 497 Grant v BHP Coal Pty Ltd (No 2) [2015] FCA 1374 Dal Pont GE, Law of Costs (4th ed, LexisNexis Butterworths, 2018)
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 38
Date of hearing: 8 September 2020
Counsel for the Applicants: Ms K Cuthbertson
Solicitor for the Applicants: Public Interest Advocacy Centre
Counsel for the Respondents: Ms C Scott
Solicitor for the Respondents: Page Seager
ORDERS TAD 53 of 2019
BETWEEN: ABIGAIL TALBOT (BY HER NEXT FRIEND MELINDA TALBOT) First Applicant
MELINDA TALBOT Second Applicant
AND: THE BOARD OF MEMBERS OF ST PATRICKS COLLEGE PROSPECT CATHOLIC COLLEGE First Respondent
ROMAN CATHOLIC CHURCH TRUST CORPORATION OF THE ARCHDIOCESES OF HOBART Second Respondent
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