Federal Court of Australia
Federal Court of Australia Kaplan v State of Victoria (No 7) [2022] FCA 1405 File number(s): VID 391 of 2021
Judgment of: MORTIMER J
Date of judgment: 22 November 2022
Catchwords: PRACTICE AND PROCEDURE – application by respondents to adjourn trial – where senior counsel for the respondents has contracted COVID-19 and is unable to participate in trial – application refused PRACTICE AND PROCEDURE – application by respondents to call witness by remote access technology – application allowed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Hart v Deputy Commissioner of Taxation [2016] FCA 250 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 30
Date of hearing: 21-22 November 2022
Counsel for the Applicants: Mr A Butt with Mr C Dawlings and Mr A Marcou
Solicitor for the Applicants: Cornwalls
Counsel for the Respondents: Mr C Young KC with Mr T Jeffrie and Mr B House
Solicitor for the Respondents: MinterEllison
ORDERS VID 391 of 2021
BETWEEN: JOEL KAPLAN First Applicant
JANET ABADEE AS REPRESENTATIVE OF MATT KAPLAN, A MINOR Second Applicant
SARIT COHEN AS REPRESENTATIVE OF GUY COHEN, A MINOR (and others named in the Schedule) Third Applicant
AND: STATE OF VICTORIA First Respondent
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