Federal Court of Australia
Federal Court of Australia
Snell v State of Victoria (Department of Education and Training) (No 3) [2024] FCA 825 File number(s): VID 1251 of 2017
Judgment of: HORAN J
Date of judgment: 25 July 2024
Catchwords: HUMAN RIGHTS – application by litigation representative for approval of settlement – where claims concern allegations of disability discrimination in education under the Disability Discrimination Act 1992 (Cth) and associated claims under the Wrongs Act 1958 (Vic) – whether application is accompanied by an opinion of an independent lawyer – whether appropriate to make confidentiality orders – whether settlement is in the applicant's best interests – consideration of relevant factors for approval of settlement – settlement approved
Legislation: Australian Human Rights Commission Act 1986 (Cth) Disability Discrimination Act 1992 (Cth) ss 4, 5, 6, 12, 22 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Federal Court Rules 2011 (Cth) rr 9.70, 9.71 Equal Opportunities Act 2010 (Vic) Wrongs Act 1958 (Vic)
Cases cited: Allen v State of Victoria (Department of Education and Training) [2019] FCA 1074 Bushby v State of Victoria (No 2) [2023] FCA 340 Butler v Djerriwarrh Employment & Education Services Inc [2015] FCA 296 Fisher v Marin [2008] NSWSC 1357 Freeman v State of Victoria [2018] FCA 797 Gaha v Gaha [2024] FCA 531 Hickey v Public Advocate (Victoria) [2012] FCA 1203 James v WorkPower Inc [2019] FCA 1239 Jones v State of Victoria [2014] FCA 1404; 145 ALD 619 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 Re Barbour's Settlement; National Westminster Bank Ltd v Barbour [1974] 1 All ER 1188 Scandolera v State of Victoria [2015] FCA 1451; 331 ALR 525 Snell v State of Victoria (Department of Education and Training) [2022] FCA 5; 404 ALR 1 Young v State of Victoria (Department of Education and Training) [2018] FCA 1124
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