Federal Court of Australia
Federal Court of Australia
Kaplan v State of Victoria (No 9) [2023] FCA 1307 File number: VID 391 of 2021
Judgment of: MORTIMER CJ
Date of judgment: 30 October 2023
Catchwords: DAMAGES – apology – operation of Health and Other Services (Compensation) Act 1995 (Cth) with respect to payment of damages
Legislation: Health and Other Services (Compensation) Act 1995 (Cth) ss 3, 4, 23, 32 Racial Discrimination Act 1975 (Cth)
Cases cited: Kaplan v State of Victoria (No 8) [2023] FCA 1092 Rowell v Health Insurance Commission [2002] FCA 693; 120 FCR 386
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 17
Date of last submission: 26 October 2023
Date of hearing: Determined on the papers
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
MATT KAPLAN Second Applicant
GUY COHEN (and others named in the Schedule) Third Applicant
AND: STATE OF VICTORIA First Respondent
RICHARD MINACK Second Respondent
PAUL VARNEY Third Respondent
DEMI FLESSA Fourth Respondent
order made by: MORTIMER CJ DATE OF ORDER: 30 OCTOBER 2023
THE COURT NOTES THAT: A. The first, second, fourth and fifth applicants' damages awards are subject to the provisions of the Health and Other Services (Compensation) Act 1995 (Cth). The first respondent is therefore precluded from paying the damages awards to the applicants pursuant to s 32 of the Act until it is provided with a valid Notice of Charge by Services Australia.
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