Milkins v Diocese of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 4) [2022] FCA 1181

Federal Court of Australia

Milkins v Diocese of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 4) [2022] FCA 1181 Appeal from: Application for leave to appeal from Milkins v Dioceses of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 2) [2021] FCA 1103

File number: VID 556 of 2021

Judgment of: SNADEN J

Date of judgment: 6 October 2022

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from strike out orders – where orders made to strike out pleading in part with no leave to re-plead – whether primary decision attended by doubt sufficient to warrant review by a full court – whether applicant would endure substantial injustice unless leave to appeal were granted – existence of discretionary error – application dismissed

Legislation: Competition and Consumer Act 2010 (Cth) sch 2 Disability Discrimination Act 1992 (Cth)

Cases cited: Harvey v Dioceses of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 2) [2021] FCA 1102 Milkins v Dioceses of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 2) [2021] FCA 1103

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 4

Date of hearing: 29 September 2022

Counsel for the Appellant: Mr M Hall SC

Solicitor for the Appellant: K&L Gates

Counsel for the Respondent: Mr A G Manos

Solicitor for the Respondent: Wotton + Kearney

ORDERS VID 556 of 2021

BETWEEN: JAELAH MILKINS Applicant