EIX20 v State of Western Australia (No 2) [2025] FCA 28

FEDERAL COURT OF AUSTRALIA

EIX20 v State of Western Australia (No 2) [2025] FCA 28 File number: WAD 218 of 2020

Judgment of: BANKS-SMITH J

Date of judgment: 31 January 2025

Catchwords: PRACTICE AND PROCEDURE – application by applicant for leave to replead – claims made under the Disability Discrimination Act 1992 (Cth) – proposed pleading alleged both direct and indirect discrimination in provision of education services to applicant in youth corrective facility – proposed pleading alleged direct discrimination by failure to make reasonable adjustments – proposed pleading claimed direct discrimination by limitation of access to 'services' – whether services provided by the State – whether services properly identified – proposed pleading claims racial discrimination under the Racial Discrimination Act 1975 (Cth) – whether proposed pleading that applicant excluded from cultural event based on Aboriginality disclosed reasonable cause of action – whether claims if amended as proposed would be struck out – leave to amend granted in part HUMAN RIGHTS – discrimination law – disability – whether discrimination caused by disability – direct discrimination - application of causation principles in Sklavos v Australasian College of Dermatologists [2017] FCACF 128 at interlocutory stage

Legislation: Disability Discrimination Act 1992 (Cth) ss 5, 29A Federal Court of Australia Act 1976 (Cth) s 37M Racial Discrimination Act 1975 (Cth) ss 9, 13 Federal Court Rules 2011 (Cth) rr 16.21, 16.51, 16.53

Cases cited: Barngarla Determination Aboriginal Corporation RNTBC v District Council of Kimba [2019] FCA 1092 Barngarla Determination Aboriginal Corporation RNTBC v District Council of Kimba (No 2) [2020] FCAFC 39; (2020) 275 FCR 669 Bickle v State of Victoria (Victoria Police) [2020] FCA 168 Caason Investments Pty Ltd v Cao [2015] FCAFC 94; (2015) 236 FCR 322 Charles v State of Victoria (Corrections Victoria) (Human Rights) [2015] VCAT 375 Connor v State of Queensland (Department of Education and Training) (No 3) [2020] FCA 455 Contreras-Ortiz v Commissioner, Department of Corrective Services [2008] NSWADT 308 EIX20 v State of Western Australia [2022] FCA 1357 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89 Gordon v St Vincent's Hospital Sydney Limited [2023] FCA 1188 Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 757 Hill v Zuda Pty Ltd [2022] HCA 21; (2022) 275 CLR 24 IW v City of Perth (1997) 191 CLR 1 Izzo v State of Victoria (Department of Education and Training) [2020] FCA 770 James Rainsford v State of Victoria [2005] FCAFC 163; (2005) 144 FCR 279 Kiefel v State of Victoria [2013] FCA 1398 Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Lambert v State of Victoria [2014] FCA 1064 Liberty Mutual Insurance Co Australian Branch trading as Liberty Specialty Markets v Icon Co (NSW) Pty Ltd [2021] FCAFC 126 Purvis v New South Wales [2003] HCA 62; (2003) 217 CLR 92 Rainsford v Victoria [2007] FCA 1059; (2007) 167 FCR 1 Rainsford v State of Victoria [2008] FCAFC 31; (2008) 167 FCR 26 Research in Motion Ltd v Samsung Electronics Australia Pty Limited [2009] FCA 320; (2009) 176 FCR 66 Sievwright v State of Victoria [2013] FCA 964 Sirohi v Director-General, Justice and Community Safety Directorate [2019] ACAT 84 Sklavos v Australasian College of Dermatologists [2017] FCAFC 128; (2017) 256 FCR 247 State of New South Wales (Department of Justice - Corrective Services) v Huntley [2017] FCA 581 State of New South Wales - Sydney Trains v Annovazzi [2024] FCAFC 120 Varasdi v State of Victoria [2018] FCA 1655 Wade v State of Victoria [2012] FCA 400 Walker v State of Victoria [2012] FCAFC 38 Waters v Public Transport Corporation (1991) 173 CLR 349 Watts v Australian Postal Corporation [2014] FCA 370; (2014) 222 FCR 220 Winters v Fogarty [2017] FCA 51