Stewart v State of Western Australia [2021] FCA 308

Federal Court of Australia

Stewart v State of Western Australia [2021] FCA 308 File number: WAD 64 of 2021

Judgment of: COLVIN J

Date of judgment: 30 March 2021

Catchwords: PRACTICE AND PROCEDURE - application for urgent interlocutory injunction requiring primary school to allow unimmunised child to attend primary school until final hearing - where requirement under Public Health Act 2016 (WA) to provide current immunisation certificate of child - where principal of primary school cancelled enrolment of child on basis that enrolment obtained by giving false and misleading information - where accepted that no steps taken to catch-up immunisation schedule - whether applicants demonstrated sufficient likelihood of success to justify preservation of status quo until final hearing - whether balance of convenience favours grant of injunction - application dismissed

Legislation: Disability Discrimination Act 1992 (Cth) Public Health Act 2016 (WA) ss 141B, 141D School Education Act 1999 (WA) ss 16, 17, 20 Public Health Regulations 2017 (WA) reg 10AD

Cases cited: Alford v Parliamentary Joint Committee on Corporations and Financial Services [2018] HCA 57; (2018) 264 CLR 289 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; (2001) 208 CLR 199 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) (1998) 195 CLR 1 Samsung Electronics Co Limited v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238