Bushby (by his litigation representative Webling) v State of Victoria (Department of Education and Training) (No 2) [2023] FCA 340

Federal Court of Australia

Bushby (by his litigation representative Webling) v State of Victoria (Department of Education and Training) (No 2) [2023] FCA 340 File number(s): VID 884 of 2018

Judgment of: MCEVOY J

Date of judgment: 5 April 2023

Date of publication of reasons: 17 April 2023

Catchwords: HUMAN RIGHTS – claim for discrimination in provision of education – applicant suffers from a range of disabilities including Autism Spectrum Disorder – application by litigation representative for approval of settlement – whether application is accompanied by an opinion of an independent lawyer – whether settlement is in the applicant's best interests – whether confidentiality orders should be made – settlement approved

Legislation: Australian Human Rights Commission Act 1986 (Cth) Disability Discrimination Act 1992 (Cth) Federal Court of Australia Act 1976 (Cth) ss 20A, 37AF, 37AG Charter of Human Rights and Responsibilities Act 2006 (Vic) Federal Court Rules 2011 (Cth) rr 9.70, 9.71, 26.12

Cases cited: Allen v State of Victoria (Department of Education and Training) [2019] FCA 1074 Butler v Djerriwarrh Employment & Education Services Inc [2015] FCA 296 Fisher v Marin [2008] NSWSC 1357 Freeman v State of Victoria [2018] FCA 797 Gillespie v Alperstein [1964] VR 749 Hickey v Public Advocate (Victoria) [2012] FCA 1203 James v WorkPower Inc [2019] FCA 1239 Jones v State of Victoria (2014) 145 ALD 619; [2014] FCA 1404 Koenders v State of Victoria (Department of Education and Training) [2016] FCA 842 Lewis v State of Victoria (Department of Education and Training) [2019] FCA 714 Modra v State of Victoria (Department of Human Services Victoria) [2013] FCA 1041 Scandolera v Victoria (Department of Education and Early Childhood Development) (2015) 331 ALR 525; [2015] FCA 1451 Wade v State of Victoria (No 2) [2012] FCA 1080