Federal Court of Australia
Federal Court of Australia
Harvey v Diocese of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 4) [2022] FCA 1185 Appeal from: Application for leave to appeal from Harvey v Dioceses of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 2) [2021] FCA 1102
File number: VID 555 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 striking out parts of a pleading and denying leave to re-plead them – whether primary decision attended by doubt sufficient to warrant review by a full court – whether applicants would endure substantial injustice unless leave to appeal were granted – existence of discretionary error – application dismissed
Legislation: Disability Discrimination Act 1992 (Cth) ss 6, 42 Competition and Consumer Act 2010 (Cth) sch 2 - ss 29, 34, 60 Disability Standards for Education 2005 (Cth) cl 5.2 Federal Court Rules 2011 (Cth) r 16.21
Cases cited: Brambles Holdings Ltd v Trade Practices Commission (1979) 28 ALR 191 Harvey v Dioceses of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 2) [2021] FCA 1102 House v R (1936) 55 CLR 499 Milkins v Dioceses of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 2) [2021] FCA 1103 Radisich v McDonald (2010) 198 IR 244 Rana v Commonwealth of Australia [2008] FCA 907
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