Federal Court of Australia
Federal Court of Australia
Kaplan v State of Victoria (No 2) [2022] FCA 679 File number(s): VID 391 of 2021
Judgment of:: MORTIMER J
Date of judgment: 2 June 2022
Catchwords: PRACTICE AND PROCEDURE – interlocutory application to amend defence – application filed close to trial – where amendments are relatively minor corrections and clarifications – where amendments are not seriously prejudicial – leave granted to file amended defence PRACTICE AND PROCEDURE – interlocutory application to amend statement of claim – application filed immediately prior to trial – where amendments seek to plead new issue under Wrongs Act 1958 (Vic) s 28LC(2)(a) – whether informal assertion at case management hearing sufficient notice of new allegation – where new allegation does not have reasonable prospects of success as pleaded – consideration of impact on trial and prejudice to other parties if leave to amend granted – leave to file amended statement of claim refused
Legislation: Wrongs Act 1958 (Vic) ss 28LC(2)(a), 28LE Federal Court Rules 2011 (Cth) r 16.53
Cases cited: Bellou v Victoria University [2018] FCA 1794 Jones v Dunkel (1959) 101 CLR 298 Snell v State of Victoria (Department of Education and Training) [2022] FCA 5 State of Victoria v Thompson [2019] VSCA 237
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 27
Date of hearing: 2 June 2022
Counsel for the Applicants: Mr A Butt with Mr C Dawlings and Mr A Marcou
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