Federal Court of Australia
Federal Court of Australia
EIY20 v State of Western Australia [2022] FCA 1410 File number: WAD 220 of 2020
Judgment of: BANKS-SMITH J
Date of judgment: 25 November 2022
Catchwords: PRACTICE AND PROCEDURE - application to strike out pleadings pursuant to r 16.21(1) of the Federal Court Rules 2011 (Cth) - matter related to EIX20 v State of Western Australia [2022] FCA 1357 - applicable principles - applicant detained in Banksia Hill Detention Centre - allegations against the respondent include direct and indirect discrimination under the Disability Discrimination Act 1992 (Cth), negligence, unlawful assault and battery and unlawful imprisonment - whether claims are properly articulated - requirement that material facts be stated - particular paragraphs struck out - leave granted to re-plead
Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PH Disability Discrimination Act 1992 (Cth) s 22 Federal Court Rules 2011 (Cth) r 16.21 Young Offenders Act 1994 (WA)
Cases cited: EIX20 v State of Western Australia [2022] FCA 1357
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 40
Date of hearing: 16 March 2022
Counsel for the Applicant: Mr GM Watson SC with Ms D Tang and Dr KL Fallah
Solicitor for the Applicant: The National Justice Project Ltd
Counsel for the Respondent: Ms C Thatcher SC
Solicitor for the Respondent: State Solicitor's Office
ORDERS WAD 220 of 2020
BETWEEN: EIY20 Applicant
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